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To: GarySpFc
Quoting Stuart Bowen, who worked directly under Miers as deputy staff secretary at the White House for almost two years:

"She is wedded to stare decisis, wedded to the text of a statute. She lives her life strictly construed."

If true, doesn't that means she'll uphold Roe v Wade?

74 posted on 10/15/2005 5:30:25 AM PDT by Ken H
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To: Ken H
means = mean

(I need a writing clerk)

75 posted on 10/15/2005 5:33:09 AM PDT by Ken H
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To: Ken H

Stare decisis has never meant a lock on past decisions.

It is nothing more than a process one goes through to analyze precedent according to stated principles, and certain weighting is given to the various criteria. To say one is wedded to stare decisis is to say they are wedded to that process. It is a careful, meticulous process of consideration. The final result can still be, and has been in previous cases, an overturning of past rulings.

In his testimony, John Roberts gave the same deference to the process of stare decisis. Some jumped straight up and said, oh look, he is stating that he could never vote to overturn anything, not just Roe, but Kelo (property takings ruling), no death penalty for anyone under 18, etc. Cooler heads prevailed as the truth was pointed out. He left plenty of room to overturn anything.

His support of the careful process of consideration and weighting in no way precluded that.










87 posted on 10/15/2005 6:00:58 AM PDT by txrangerette
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