To: counterpunch
"Any decision to revisit a precedent should follow only the most careful consideration of the factors that courts have deemed relevant to the question. Thus, whether a prior decision is wrong is only the beginning of the inquiry. The court must also consider other factors, such as whether the prior decision has proven unworkable, whether developments in the law have undermined the precedent, and whether legitimate reliance interests mitigate against overruling." Harriet Miers
Sounds like she's open to change those things which, when revisited turn out to be unworkable. I believe she would consider reversing Roe quite seriously, but whether she pulls the trigger, I don't know. Bush, though his lieutenants, says yes.
18 posted on
10/26/2005 4:08:15 PM PDT by
ez
(I believed Juanita Broaddrick and I believe Harriet Miers.)
To: ez
wow, the spin, my head hurts.
This is the most important part though, which for some reason you didn't really address:
The court must also consider other factors, such as whether the prior decision has proven unworkable, whether developments in the law have undermined the precedent, and whether legitimate reliance interests mitigate against overruling.
So basically, anything that is blatantly unconstitutional, like CFR or gun control, could be thought to be unconstitutional, but if we've come to rely on them, we have to keep them in place.
Do you really think she's going to be the judge who will help roll back decades of liberal judicial activism???
20 posted on
10/26/2005 4:13:24 PM PDT by
flashbunny
(What is more important: Loyalty to principles, or loyalty to personalities?)
To: ez
But she also must consider "whether legitimate reliance interests mitigate against overruling" which is one of the many reasons Casey upheld Roe.
Her deference to stare decisis would prevent her from overturning a case that already addressed the very criteria that she lays out to be met.
It's a non-starter with her, and she signaled that by painstakingly paraphrasing Casey.
22 posted on
10/26/2005 4:14:51 PM PDT by
counterpunch
(- SCOTUS interruptus - withdraw Miers before she blows it -)
To: ez
"Any decision to revisit a precedent should follow only the most careful consideration of the factors that courts have deemed relevant to the question. Thus, whether a prior decision is wrong is only the beginning of the inquiry. The court must also consider other factors, such as whether the prior decision has proven unworkable, whether developments in the law have undermined the precedent, and whether legitimate reliance interests mitigate against overruling."
—Harriet Miers
See here
To: ez
Geez, sorry, ignore my previous post. It's already been posted.
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