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In reply to the discussion: Collins calls draft Roe opinion 'completely inconsistent' with what Gorsuch and Kavanaugh said ..... [View all]ruet
(10,039 posts)47. I Remember When...
Stone on Roberts, Alito, and stare decisis
In their Senate confirmation hearings, John Roberts and Samuel Alito cast themselves as first-rate lawyers, as masters of legal craftsmanship who are committed to the principle of stare decisis -- the principle that justices must follow precedent in an honest and forthright manner.
John Roberts assured the Senate Judiciary Committee that judges must "be bound down by rules and precedents." Invoking Alexander Hamilton and James Madison, he affirmed that "the founders appreciated the role of precedent in promoting evenhandedness, predictability, stability," and "integrity in the judicial process." Although acknowledging that it is sometimes necessary for judges to reconsider precedents, he stressed that this should be reserved for exceptional circumstances, where a decision has proved clearly "unworkable" over time. But in general, "a sound judicial philosophy should reflect recognition of the fact that the judge operates within a system of rules developed over the years by other judges equally striving to live up to the judicial oath."
Similarly, Samuel Alito testified to the Senate that the doctrine of stare decisis is "a fundamental part of our legal system." This principle, he explained, "limits the power of the judiciary" and "reflects the view that courts should respect the judgments and the wisdom that are embodied in prior judicial decisions." Stare decisis, he added, is "not an inexorable command," but there must be a strong "resumption that courts are going to follow prior precedents."
It is hardly surprising that Roberts and Alito would pay such obeisance to the doctrine of stare decisis in order to get themselves confirmed. Stare decisis is, after all, the bedrock principle of the rule of law. Not only does it promote stability and encourage judges to decide cases based on principle rather than on a preference for one or another of the parties before them, but it also serves importantly to reduce the politicization of the court. It moderates ideological swings and preserves both the appearance and the reality that the Supreme Court is truly a legal rather than a political institution.
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Collins calls draft Roe opinion 'completely inconsistent' with what Gorsuch and Kavanaugh said ..... [View all]
groundloop
May 2022
OP
I'd say they made her look like an idiot but she didn't need them to do that!
50 Shades Of Blue
May 2022
#2
Susan Collins is either a lying sack of sh!t or the dumbest senator after Ron Johnson.
Ray Bruns
May 2022
#6
So is she going to introduce articles of impeachment for them lying to the Senate?
mackdaddy
May 2022
#12
For any atonement at all, Collins and Murkowski MUST switch parties NOW .. and,
Bo Zarts
May 2022
#13
Collins has spent her life at a high level of politics. She knew the score all along.
Midnight Writer
May 2022
#15
Well, Susan, your voting record has been consistent..of course, always on the
asiliveandbreathe
May 2022
#19
Shazaam! "You fucked up Flounder. You trusted us..." Boy does she look like an imbecile (again)
Evolve Dammit
May 2022
#21
"Completely inconsistent is republicanese for what anyone with a brain would substitute
justhanginon
May 2022
#24
Ccollins, you fucking idiot, haven't you been paying attention since the late 70s?
Warpy
May 2022
#30
But not inconsistent with her being a gullible thug who doesn't give a shit about this country.
NNadir
May 2022
#32
perhaps a bit snarky, but remiscient of Biden on authorization for Iraq War
cloudythescribbler
May 2022
#34
As if anything said by this ignorant, gullible old cow is of any interest to me. (nt)
Paladin
May 2022
#35
Dear concern senator.....really...... you marched lock step with fascist.....
turbinetree
May 2022
#44
"Says the Senator who cast the deciding vote for Kavanaugh." - Tara Setmayer
DinahMoeHum
May 2022
#56
Pathetic that so-called "pro-choice" Senator Collins didn't see through their lies
LetMyPeopleVote
May 2022
#58