Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: puroresu

The problem with your Supreme Court theory is that conservative judges are reluctant to overturn established percedent.

No one is going to sanction teaching religion in public schools.


533 posted on 04/20/2006 9:07:11 AM PDT by js1138 (somewhere, some time ago, something happened, but whatever it was that happened wasn't evolution)
[ Post Reply | Private Reply | To 529 | View Replies ]


To: js1138

You're using the Arlen Specter definition of a conservative judge, which is a judge who conserves 50 years worth of unconstitutional liberal precedents.


535 posted on 04/20/2006 9:13:13 AM PDT by puroresu (Conservatism is an observation; Liberalism is an ideology)
[ Post Reply | Private Reply | To 533 | View Replies ]

To: js1138
The problem with your Supreme Court theory is that conservative judges are reluctant to overturn established percedent.

"I think overruling a case or reconsidering a case is a very serious matter. Certainly, you would have to be of the view that a case is incorrectly decided, but I think even that is not adequate. There are some cases that you may not agree with that should not be overruled.
Stare decisis provides continuity to our system, it provides predictability, and in our process of case-by-case decision-making, I think it is a very important and critical concept.
A judge that wants to reconsider a case and certainly one who wants to overrule a case has the burden of demonstrating that not only is the case indirect, but that it would be appropriate, in view of stare decisis, to make that additional step of overruling that case."
-- Judge Clarence Thomas, Senate Confirmation Hearings Sep 10, 1991
556 posted on 04/20/2006 12:12:24 PM PDT by dread78645 (Evolution. A dying theory since 1859.)
[ Post Reply | Private Reply | To 533 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson