Posted on 03/16/2017 8:12:42 AM PDT by fwdude
Whenever a Republican president nominates a judge to the Supreme Court, progressives muse loudly about the importance of stare decisis, the principle governing the law of precedents. All they are worried about is the overturning of Roe v. Wade. In fact, stare decisis does not demand blind adherence to poorly reasoned rulings in the mold of Roe.
(Excerpt) Read more at thepublicdiscourse.com ...
it is pronounced “star-ray dee-SISE-iss”
it means something is already decided in court so you apply that decision
It is so lawyers and judges don’t have to think
The Democrat/liberal view is :
1. Settled law must be respected, and not subjected to any changes, if the settled law is in favor of some liberal cause. Abortion and homosexual marriage are two great examples. Those court cases can never be reviewed or overturned, per liberal theology, because they were decided the liberal way.
2. Settled law is not to be respected if it is in conflict with the liberal view of the issue at hand. A good example is the Citizens United case. The liberals consistently want that case overturned, and call for legislation or another court case to overturn this. In this case, liberals are NOT respectful of stare decisis because they didn’t get the outcome they hoped for.
The Constitution now says whatever the hell 5 out of 9 Supreme Court Justices want it to say at any time.
One problem with having all laws controlled by an unelected oligarchy of lifetime appointed Supreme Court Justices is that a different 5 Justices can decide that the Constitution says something different at any time.
It’s nearly April...
the Republicans in congress are SCREWING up their LAST CHANCE.
ALL the rules.. should have been THROWN OUT!
Every one of Trumps nominees should have been approved on DAY ONE!
Obamacare repeal should have been on passed on DAY ONE.
If the Republicans don’t GET TO WORK... they will lose BADLY in 2018 and endanger the redistricting in 2020.
She said, verbatim, "for now." What kind of answer is that?
I have no doubt that Republicans will willfully throw away their incredible victories over the past 6 years over Obamacare and Supreme Court nominations.
I am truly a man without a Party.
I learned in both journalism and law classes not to bury the lead. This article certainly buries the lead which is that a court ruling is “evidence” of the law and not necessarily the law itself and that the law itself comes from God.
“Stare Decisis”?
Let’s see if we can translate that.
Stare = To gaze at with fierce concentration
De = De
Cisis = Who the heck knows what this means.
So, roughly, “Stare Decisis” means:
“To gaze with fierce concentration at de who the heck knows what.”
You’d have to pay $250,000 to learn this stuff at law school.
Hey McFarland, a nominee for the USSC is a JUSTICE, not a judge.
Actually it is a way for judges to amend the Constitution with out an amendment, Congress loves this by the way or they would stop it.
Or, it could be that they are just spineless.
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