bgz wrote:They all perjured themselves.
Isn't that a federal offense?
They should probably do something about that so they don't have to throw themselves in prison due to stupid laws and stuff.
Justice Amy Coney Barrett:
In her 2020 hearing, Barrett was pressed on why she would characterize Brown v. Board of Education, but not Roe V. Wade, as super precedent.
“Roe is not a super precedent because calls for its overruling have never ceased, but that does not mean that Roe should be overruled. It just means that it doesn’t fall on the small handful of cases like Marbury v. Madison and Brown v. The Board that no one questions anymore,” she said.
Justice Brett Kavanaugh
In his 2018 confirmation hearing, Kavanaugh was questioned repeatedly about Roe and Casey.
“It is important precedent of the Supreme Court that has been reaffirmed many times,” Kavanaugh said of Roe. “It is not as if it is just a run of the mill case that was decided and never been reconsidered, but Casey specifically reconsidered it, applied the stare decisis factors, and decided to reaffirm it. That makes Casey a precedent on precedent.”
Sen. Dianne Feinstein, D-Calif., pressed him to say it was settled law, but Kavanaugh declined to say so by arguing it would diminish the independence of the judiciary. When questioned by conservative senators, though, he said there’s a model for overruling settled precedents, that begins with evaluating whether the prior decision was “grievously wrong.”
“You follow the decision that has been set forth by the Supreme Court, subject to the rules of stare decisis. And you see that time and again. That is part of stability. That is part of predictability. That is part of impartiality. That is part of public confidence in the rule of law that it is not just going to move pillar to post, that the law is stable and foundational,” he said. “Again, it is not — Brown v. Board shows it is not absolute. And that is a good thing, but it is critically important to the impartiality and stability and predictability of the law.”
Justice Neil Gorsuch
Gorsuch, in 2017, would only characterize Roe as “a precedent of the U.S. Supreme Court” reaffirmed by several subsequent cases. He went on to say that precedent fills out U.S. law.
“Once a case is settled, that adds to the determinacy of the law. What was once a hotly contested issue is no longer a hotly contested issue. We move forward,” he added.