[supercat]

When there are multiple possible decisions one could issue which would comply with regulations, statutes, treaties, and the Constitution, a judge should typically use stare decisis to select among them. If and when, however, stare decisis would suggest something other than what the regulations, statutes, treaties, or Constitution require, it should be disregarded.

[adamsjas]

When there are multiple possible decisions one could issue which would comply with regulations, statutes, treaties, and the Constitution, a judge should typically use stare decisis to select among them.

That might be true if all prior decisions were equally well evaluated.

However, who would want Kelo upheld on that basis?

Its important to ALWAYS start at the Consitituion and work forward.

[txrangerette]

(I posted this on a different thread):

Speaking of Alito, and Roberts as well for that matter...some have suggested that neither man would, under almost any conceived circumstances, vote to overturn Roe. They say you can tell that by their very restrained, very precedent- respectful, very careful jurisprudence, and by their own demeanors and personalities. These prognosticators come from both sides of the political spectrum.

I would like to know what others think of this analysis of the two men.

?

(Seems relevant to this thread. Anyone want to weigh in?)