So in other words, she's committed to upholding precedent.
Such as Griswold, Roe, Engel, Kelo, and other decisions that run afoul of the original intent of the U.S. Constitution.
Good to know.
I realize what stare decisis means. That said, Miers has stated the courts have gone too far in departing from the original intent of the Founders. She also believes abortion is murder. No, she will not vote to uphold Roe...NO WAY.
That's a bit unfair. I'm anti-Miers like you, but I think it's a good thing that she supports stare decisis. Stare decisis does not mean you always uphold precedent. It just means you that you respect it and not overturn it unless there is a very strong reason to do so. You give it the benefit of the doubt, so to speak.
There's a very good reason for this. There needs to be some predictability and stability in the legal system. A situation where courts were constantly second-guessing and overturning each other would lead to chaos.
Scalia believes in Stare Decisis, but it doesn't stop him from wanting to overturn Roe. In this case, the decision was so bad, and the precident already so erroded, that overturning it is justified and would create minimal disruption in the legal system.
Stare decisis is a fundamental principle of our legal system; it has been since the founding of the republic and goes back to English Common Law.
So in other words, she's committed to upholding precedent.
Now try the whole sentence.
....... "She is wedded to stare decisis, wedded to the text of a statute. She lives her life strictly construed."
....... Makes a difference doesn't it? Decisions made against the strictly construed Constitution are not stare decisis they are just wrong. Stare decisis means lower courts should abide rulings of higher courts. The SCOTUS is not bound by stare decisis.