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To: Dog Gone

I think the point is that this particular precedent would be far-reaching if overturned. The case being narrow, it wasn't appropriate to not consider the wider effects. No?


24 posted on 06/07/2005 5:08:11 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: The Ghost of FReepers Past
I suppose that's one way of justifying it. If you want to reverse a landmark legal case, you need an important one to do it with. I'm not sure this one wasn't important, but I'll grant you that point.

I just don't think conservative justices need to worship at the altar of stare decisis when that altar was created, or at least the decisions, by liberals.

At some point, you reverse bad law.

27 posted on 06/07/2005 5:12:10 PM PDT by Dog Gone
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