Hearings

[UofIDem]

Does anyone else find it disconcerting that almost every Democrat in today's hearings went through a list of decisions that the Supreme Court got "wrong" and subsequently overturned them thus "getting it right"?

I'm all for the cases they are citing, but I think this nominee doesn't need reminding that, in retrospect, people are happy years later that important Supreme Court decisions were overturned. This just doesn't seem the right message to be sending. Anyone agree?

[valerief]

1. Right message? That's code for something, right?

Don't understand your point.

[UofIDem]

2. My point is...

when you take a republican justice and start telling him that the Supreme Court often got decisions wrong and then decided later the right way, he has to be thinking...that's a great point. Roe was wrongly decided. Now if only I could come along and get it right. It's the wrong message for this nominee. more important to remind this guy of how important precedent is, and how he shouldn't just go around overturning decisions with the notion that 30 years from now people will be saying "they finally got it right"

[valerief]

3. Oh, thanks for clarifying

But history tells us…

Abortion was legal
The courts made it illegal (they got it wrong)
The courts made it legal (they changed their opinion and got it right)

And
There was separation of church and state
The courts put god all over our money and in our pledge of allegiance
Maybe they'll change opinions and get it right by removing god from currency and the pledge.

[Baconfoot]

4. They want to get him to publically admit he would like to overturn RvW.

It might make it politically easier to really go after him.
By pointing to these cases they lay the groundwork for drawing attention to the fact that if he just says he will respect precedent in response to certain questions they might ask, he will be being nonresponsive and also to the fact that part of the job description of SCJ is to side against precedent when the precedent set was incorrect or is no longer appropriate.

Of course, they should already know that he would overrule RvW given the opportunity.

I can't believe they are going to let this tool become the CJ.

I think I need a drink.