May 10, 2023
Image Credit: Collection of the Supreme Court of the United States
In this episode, the hosts discuss the Roberts Court’s failure to adhere to precedent and the effect this is having on the public’s confidence in the Supreme Court. Respect for precedents and the application of the principle of stare desisis provide constancy and comfort and avoids the appearance that the Court is swayed by political consideration. Simple assertions that a prior decision was wrongly decided are inadequate to justify undermining the expectations of parties before the Court and the public at large.
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https://www.nytimes.com/2023/04/28/us/alito-supreme-court-abortion-leak.html
https://www.washingtonpost.com/politics/2023/04/28/alito-leaker-dobbs-wsj/
OTHER EPISODES OF INTEREST
From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
The Hands That Rock The Cradle: Donald Trump, the Supreme Court, and the Federalist Society.
Whose Constitution is it, Anyway?: Originalism vs. The Living Constitution