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To: js1138
The problem with your Supreme Court theory is that conservative judges are reluctant to overturn established percedent.

"I think overruling a case or reconsidering a case is a very serious matter. Certainly, you would have to be of the view that a case is incorrectly decided, but I think even that is not adequate. There are some cases that you may not agree with that should not be overruled.
Stare decisis provides continuity to our system, it provides predictability, and in our process of case-by-case decision-making, I think it is a very important and critical concept.
A judge that wants to reconsider a case and certainly one who wants to overrule a case has the burden of demonstrating that not only is the case indirect, but that it would be appropriate, in view of stare decisis, to make that additional step of overruling that case."
-- Judge Clarence Thomas, Senate Confirmation Hearings Sep 10, 1991
556 posted on 04/20/2006 12:12:24 PM PDT by dread78645 (Evolution. A dying theory since 1859.)
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To: dread78645

Your screen name contains a clue to an appropriate case.


557 posted on 04/20/2006 12:14:36 PM PDT by js1138 (somewhere, some time ago, something happened, but whatever it was that happened wasn't evolution)
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To: dread78645

The lefties are quite fearful of Judge Thomas on such matters, and with good reason:

http://www.commondreams.org/news2006/0123-15.htm


560 posted on 04/20/2006 12:32:27 PM PDT by puroresu (Conservatism is an observation; Liberalism is an ideology)
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