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The Supreme Court has overturned precedent dozens of times in the past 60 years, including when it struck down legal segregation
theconversation.com ^ | 5/4/2022 | David Schultz

Posted on 05/04/2022 12:05:49 PM PDT by bitt

It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes. But it’s inevitable that sometimes, the precedent has to go, and a court has to overrule another court, or even its own decision from an earlier case.

In its upcoming term, the U.S. Supreme Court faces the question of whether to overrule itself on abortion rights. Recent laws in Texas and Mississippi restrict the right of women to terminate pregnancies in ways that appear to challenge the long-standing precedent of the Supreme Court’s 1973 decision in Roe v. Wade, which allowed women to have abortions in most circumstances.

Over the centuries, courts have stated many reasons they should adhere to precedent. First is the idea of equity or justice, under which “like cases should be decided alike,” as one senior federal judge put it. If a court in the past reviewed a particular set of facts and decided a case in a specific way, fairness dictates it should decide another similar case the same way. Precedent promotes uniformity and consistency in the law.

In addition, precedent promotes judicial efficiency: Courts do not have to decide from scratch every time. Finally, following precedent promotes predictability in the law and protects people who have come to rely on past decisions as a guide for their behavior.

But not all precedents are equal, and several current Supreme Court justices have signaled that they might be open to overturning even long-standing rulings that interpret the Constitution.

(Excerpt) Read more at theconversation.com ...


TOPICS:
KEYWORDS: abortion; bidenvoters; precedent; supremecourt
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1 posted on 05/04/2022 12:05:49 PM PDT by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

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2 posted on 05/04/2022 12:06:01 PM PDT by bitt ( <img src=' 'width=50%> )
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To: bitt

Bowers v. Hardwick was settled law, too. The lefties had no problem overturning that.


3 posted on 05/04/2022 12:15:15 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: bitt

Roe v Wade was always a legal fiction. The penumbra? The right to privacy? These things aren’t there. That house was built on sand.


4 posted on 05/04/2022 12:18:23 PM PDT by ClearCase_guy (It's hard to "Believe all women" when judges say "I don't know what a woman is".)
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To: bitt

Striking down legal segregation was more than 60 years ago.


5 posted on 05/04/2022 12:18:24 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Dr. Sivana

Mr Hardwick?

The guy who works at the candle shop?

Debbie knows him.


6 posted on 05/04/2022 12:19:48 PM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
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To: Macoozie

Close, it was the Georgia Sodomy case. Hardwick was the sodomite. You cannot make this stuff up.


7 posted on 05/04/2022 12:29:12 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: Macoozie

Hardwick would have had no interest in the Debbies of this world.


8 posted on 05/04/2022 12:30:25 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: ClearCase_guy

Roe v Wade, IIRC, is regarded by many as very poorly written law to begin with. It would not surprise me that back in 1991, Day O’Connor, Kennedy, and Souter were very much aware of this even though they voted not to overturn it at that time.


9 posted on 05/04/2022 12:30:42 PM PDT by OttawaFreeper ("The Gardens was founded by men-sportsmen-who fought for their country" Conn Smythe, 1966 )
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To: bitt
My conspiracy theory on this is that Roberts leaked it to the whitehouse hoping they'd give him dirt on one of the Yes voters. Instead they leaked it and unleashed a dangerous intimidation campaign. The brownshirts are in front of SCOTUS and I'm sure the justices are nervous. One will flip and hence Roe V Wade will be safe with the added bones that they will have enshrined mob rule into the constitution.

Roberts will be remembered as the man who oversaw the total collapse of the court because he played politics all the time instead of looking to the law.

10 posted on 05/04/2022 12:32:33 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: Macoozie

I think that was Robin. Debbie knew Mr. Greenfeld.


11 posted on 05/04/2022 12:36:07 PM PDT by The Chid
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To: pepsi_junkie

I suspect the court clerks are about 85% leftists.

The LSAT and ABA influence over legal instruction must end.


12 posted on 05/04/2022 12:55:46 PM PDT by Brian Griffin
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To: Brian Griffin
Probably true. However law clerks are young and hope to have a future. Roberts surely thinks he's untouchable as he controls the investigation. But regardless, in my theory he didn't expect it to go public. But now that it has he's established a toothless investigation that reports to him.

You'll know it was him if no culprit is ever identified.

13 posted on 05/04/2022 12:58:25 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: bitt

Roe was based on faulty medical beliefs.

No consideration was given to DNA sourced partially from a father nor to the ability to supply growth nutrients to a fetus.

If you have a bulging belly one week and next week you don’t, people will notice. The right to privacy theory is nonsense.

Roe was always conditioned on fetal viability. Modern medicine advances rapidly.


14 posted on 05/04/2022 1:03:24 PM PDT by Brian Griffin
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To: bitt; All
"It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes."
FR: Never Accept the Premise of Your Opponent’s Argument

What misguided, post-17th Amendment (17A) ratification, post-FDR era, institutionally indoctrinated Supreme Court justices are regularly failing to do (blatantly ignoring?) when establishing case precedents in our constitutional republic to also protect constitutional division of federal and state powers evidenced by the 10th Amendment (10A).

In fact, in stark contrast to the Supreme Court's emphasis of the already clear meaning of 10A in the excerpt from United States v. Butler above, using inappropriate words like “concept” and “implicit,” here is what was left of 10A after FDR's state sovereignty-ignoring activist justices got finished with it in Wickard v. Filburn (Wickard), wrongly deciding that case in Congress's favor imo.

"In discussion and decision, the point of reference, instead of being what was "necessary and proper" to the exercise by Congress of its granted power, was often some concept [???] of sovereignty thought to be implicit [??? emphases added] in the status of statehood. Certain activities such as "production," manufacturing, and "mining" were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause." —Wickard v. Filburn, 1942.

Democrats and RINOs have since been using the Supreme Court's political correct "repeal" of 10A in Wickard to justify all kinds of unconstitutional interference in the affairs of the sovereign states imo.

Insights welcome.

Finally, it remains that we have a very corrupt, alleged election-stealing, elite Democratic and RINO-controlled Congress that cannot be expected to its constitutionally enumerated duty to expel Constitution-ignoring career lawmakers under Article I, Section 5, Clause 2 (1.5.2) or Section 3 of the 14th Amendment.

So it's up to Trump's red tsunami of patriot supporters to peacefully exercise their voting power in 2022 midterm elections to effectively make 1.5.2 and Section 3 work, applying Section 3 to both federal and state governments.

And speaking of voting power, patriots are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed patriot candidates. (Good work OH, IN patriots on yesterday primaries!)

Again, insights welcome.

15 posted on 05/04/2022 1:04:33 PM PDT by Amendment10
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To: pepsi_junkie

Unless court clerks have to turn in their cell phones upon entry, every clerk will have had a camera probably.


16 posted on 05/04/2022 1:04:42 PM PDT by Brian Griffin
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To: bitt

the court overturned 1000’s of years of precedent to make gay marriage legal!


17 posted on 05/04/2022 1:14:12 PM PDT by TexasFreeper2009
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To: Brian Griffin

IIRC Roe was very much about the issue that the birthing procedure was way more risk to the woman than an abortion.

I would think that has changed with much more modern medical conditions.


18 posted on 05/04/2022 1:15:33 PM PDT by 1FreeAmerican
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To: bitt

This Hass to irritate Roberts to no end since he’s so stuck on precedents. What they should be doing is not having precedence But rather judging each case by the constitution in the Bill of Rights alone.


19 posted on 05/04/2022 3:21:56 PM PDT by rottweiller_inc (inter canem et lupum)
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To: ClearCase_guy

You forgot the emanations too lol


20 posted on 05/04/2022 3:22:24 PM PDT by rottweiller_inc (inter canem et lupum)
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