Posted on 05/14/2019 6:49:31 AM PDT by SMGFan
If you think the Supreme Court's conservative majority won't touch well-established legal precedent: think again.
In a 5-4 ruling on Monday, the court overturned a 40-year-old precedent in a low-profile sovereign immunity case, a move liberals see as a potential indication that the precedent set by Roe v. Wade could be under threat.
Justice Clarence Thomas wrote for the majority, "stare decisis does not compel continued adherence to this erroneous precedent," referring to the principle of legal precedent.
He did not suggest that there was an urgent issue or functional problem with existing doctrine -- simply that it was wrong.
Justice Stephen Breyer, in a dissent from the court's liberal justices, quoted from a high-profile abortion case and asked, "which cases the court will overrule next?"
"It is one thing to overrule a case when it 'def[ies] practical workability,' when 'related principles of law have so far developed as to have left the old rule no more than a remnant of abandoned doctrine,' or when 'facts have so changed, or come to be seen so differently, as to have robbed the old rule of significant application or justification,'" Breyer wrote, quoting from Planned Parenthood v. Casey, the landmark 1992 case that upheld the constitutionality of abortion.
(Excerpt) Read more at abcnews.go.com ...
“I hope we can replace RBG before it comes up to SCOTUS.”
Is she in your “daily prayers?”
Not a very good week for stare decisis overall.
Does that mean the Bush league Gonzales v Raich can be overturned and restore some of the Republic? To quote Charlie Brown:
Linus: Well, you know how it is, Charlie. You win a few, you lose a few.
Charlie: Sigh. Wouldn’t it be nice?
The though if being kept from their child sacrifices creates abject terror.
We are worse than the Mayans.
No. If I said a prayer for her I'm not sure the Lord would forgive me.
Actually there was nothing about it - the precedent was “silent”.
It was up to states and localities.
People could still have their precious killing in liberal states, if they want.
Neither is monogamy with unrelated opposites.
Roberts will find a fetus is a tax...nevermind. Libs would never kill a tax.
Yes, it absolutely does.
> “... or when ‘facts have so changed, or come to be seen so differently, as to have robbed the old rule of significant application or justification,’” Breyer wrote”
Well Monsieur Le Breyer, there you have it, de soi-meme, the facts like chickens have come home to roost.
Amen!!!
No where in the Constitution does it state that “precedent” is to be used to determine constitutionality. Our founding fathers writings indicate that the Constitution is to be used to determine the constitutionality of a law.
Whether it impacts abortion or not, the media has to keep the narrative going that it most definitely does in order to scare the sheeple into voting Democrat.
If the SCOTUS overturns a law on jaywalking, it will impact Roe v. Wade.
Which is why RBG needs to be closely watched.
The left “has” to challenge Georgia’s heartbeat law and that will end up in the supreme’s lap. It’s coming, the question is, how will they vote?
Ginsburg might be able to last beyond 2020, but I don’t think there is any way in the world that she can last past 2024, and the same could well be said of Breyer (the Ice cream Man, I call him.)
Any Democrat will replace them with equally bad justices (Biden’s first nominee would probably be Merrick Garland, just to “stick it” to Republicans.) Trump, even if he gives us one of the worst names on the list, would definitely make a MUCH better pick than any Democrat would.
The interesting thing about Breyer’s comments is taht he stated, flat out, that a 5-4 decision might have less validity than a more one-sided decision.
I guess this means that every 5-4 liberal decision of the past 70 years should be revisited ASAP.
Yes, the comments are better than the article
And why couldn’t someone marry a child? After all, they were “ born that way”? Opponents’ issue is not with them, but their creator? Sick. Why can’t a person marry their dog? Horse? Sex doll? Would they be eligible for spousal benefits? Lord have mercy
“No. If I said a prayer for her I’m not sure the Lord would forgive me.”
Well I pray that she leaves us soon! If you’re going to pray, might as well be for something that needs doing, and that which you can’t do yourself.
So many old, well-connected globalists living what seems to be much longer than “common” folks...
Maybe they’re giving her the same “juice” they’re giving Kissinger, Bush (when alive, of course), Queen Elizabeth, Prince Philip, Jimmy Carter, Soros, etc), lol.
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