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To: Lonesome in Massachussets
"Cause if stare decisis goes out the window, everything is open to relitigation and literally no issue is ever settled. The current behavior of the courts is bad enough, abandoning s.d. invites judicial tyranny."

Hm, wasn't it Scalia that wanted to overrule Miranda v. Arizona? Now if there is ANY judgment that is more settled (in an average person's consciousness) than that then let me know. Now let's see what Scalia says - overruling Roe v. Wade, OK, overruling Miranda v. Arizona, OK, overruling Wickard, BAD! Now where is the logic behind this?

51 posted on 06/07/2005 7:14:53 PM PDT by Tarkin
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To: Tarkin

A certain consistency is the hobgoblin of small minds.

I'm not taking Scalia's side, just pointing out the value of s.d. The SCOTUS has, since about 1950, been a sad joke. Thomas at least is consistent in basing his opinions on the actual Constitution and ignoring wretched precedents.


54 posted on 06/07/2005 7:18:57 PM PDT by Lonesome in Massachussets (Deadcheck the embeds first.)
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