[SkyPilot]

Precedent......what a joke. We base morality on the previous decisions of the immoral. And if precedent is so sacrosanct, what about Dred Scott?

[noiseman]

You’re exactly right about precedent. I think the increasing reliance upon precedent over time is one of the greatest weaknesses of our legal system. It presumes that judges are superhumans who never make mistakes. Relying upon precedent to guide later decisions guarantees that errors or poor legal judgment will propagate and infect other cases, causing error to expand geometrically within the system.

[Its All Over Except ...]

I was thinking about Dred Scott when I posted this, but was focusing on recent decisions such as Obamacare which Democrats cannot claim as being a long-held decision, but yes, Fred Scott does significant damage to their argument.