[Gay State Conservative]

By precedent I assume he means judicial legislation.

Has Professor Tribe ever heard of Dredd Scott?

[William Terrell]

Actually, the Scott case was not judicial legislation. It was decided, unpopularily, on the constitutions, states and federal, and customs and law prevailing at the time. To have decided otherwise in that era would have been judicial legislation.

It's always been entertaining to me conservatives so negatively adamant about a case that was decided as conservatives want cases to be decided.