Supreme Court Justice Brett Kavanaugh argued that the principle of stare decisis has never required the court to uphold ‘erroneous precedents.’
Roberts’ unwillingness to interfere in the proceedings of the trial will undoubtedly infuriate the left, but despite the hysteria, he’s absolutely correct.
Supreme Court Justice Clarence Thomas doesn’t want to set fire to the rule of law. He simply wants to let the Constitution, the real Constitution, once again be what it claims to be — the supreme law of the land.
All too often, lower courts have used a bad legal doctrine to stop states and local governments from protecting the unborn, even when Supreme Court case law would allow it.
Even if Brett Kavanaugh turns out to be a tremendous originalist justice, the courts still represent a major threat to the republic.
Many today hold the distorted view that Marbury v. Madison affirmed the Supreme Court as the most powerful branch in determining the constitutionality of a government action.
Should pro-lifers who voted for the president because he promised to nominate a judge who would overturn Roe worry it won’t happen?
In the first two days of the Supreme Court confirmation hearings, senators pressed nominee Neil Gorsuch on a variety of issues that may be before the court, from antitrust to campaign finance.
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