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To: ken5050
Excellent question by Hatch: Does precedent equally applied no matter the basis for the precedent? IOW, if the precedent is based on "regulations" and not a Constitutional basis, is it just as strongly applied--or is it weaker?

Interesting.

ROBERTS: Stare Decisis is stronger when dealing with a statute. Weaker when dealing with Constitution.

407 posted on 09/13/2005 7:53:31 AM PDT by SoFloFreeper
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To: SoFloFreeper

Just when I think Hatch is a hack...he surprises me- his breadth of knowledge is impressive..though I'm not a legal scholar.


413 posted on 09/13/2005 7:56:10 AM PDT by SE Mom (God Bless those who serve..)
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To: SoFloFreeper

That is a very interesting answer... hope he is on solid footing.


417 posted on 09/13/2005 7:56:49 AM PDT by mwl1
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