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To: Zhang Fei

They can appeal it, and they’re going to lose.

The SCOTUS doesn’t turn back on stare decisis.


24 posted on 01/09/2013 10:50:26 PM PST by NVDave
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To: NVDave
They can appeal it, and they’re going to lose. The SCOTUS doesn’t turn back on stare decisis.

It all depends on whether they hold that other precedent to be relevant. A lot of this is rhetorical gymnastics to fit a ruling into preconceived ideological stances. I understand there's a view that judges are gods on earth whose every ruling is inerrant and springs purely from the circumstances at hand. Back here on earth, it's pretty clear that every judge comes to a case with his particular ideological axe to grind.

25 posted on 01/09/2013 10:56:04 PM PST by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: NVDave
They can appeal it, and they’re going to lose. The SCOTUS doesn’t turn back on stare decisis.

What about Terry v. Ohio?

26 posted on 01/09/2013 11:07:01 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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