Kavanaugh noted, “the Supreme Court held”.
That is not a legal argument for an appelate judge. It might be for a plaintiff or a defendent, but a judge hearing the case. His guard IS NOT Supreme Court precedents, it is the specific law and HIS OWN READING OF THE CONSTITUTION.
Don’t look to “Conservative” Kavenaugh to go overturning any SCOTUS precedents. To him they are as gold as the Constitution. A real Bush family hero.
Incorrect. A lower court judge must comply - or at least pretend to comply - with higher court rulings. A lower court judge, for example, cannot currently rule that homosexual marriage is a travesty and has no constitutional protection. It just doesn’t work that way.
agree. there are bad precedents(not adhering to the USC) and good precedents(ahering). The good decision is one in line with the Constitution.
Brown v Board of Educ overturned precedent. I wish someone would ask Collins about this. But she only seems to talk to the LEFT.