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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe buzzword at center of Supreme Court clash
Stare decisis, the Latin term that means courts should stand by things decided, has jumped to the forefront of the Senate debate over President Trumps next pick to the Supreme Court.
Centrist senators are calling for a nominee who would respect prior rulings as a way to protect the Roe v. Wade decision legalizing abortion. Liberals, pressing centrist senators to block anyone they believe would overturn Roe v. Wade, say the centrists are hiding behind meaningless language.
The battle was illustrated during an interview Sunday between CNNs Jake Tapper and Sen. Susan Collins (R-Maine), a key swing vote in the fight over Trumps nominee.
Collins said during the interview that she would support a justice who respected prior rulings, and argued at various points that she did not believe that Chief Justice John Roberts or Trumps first pick for the court, Justice Neil Gorsuch, would favor overturning Roe v. Wade because its established law.
This provoked an outcry from liberals such as Brian Fallon, the executive director of Demand Justice, who noted that Roberts voted in 2016 to uphold a Texas law restricting abortion access. Justice Anthony Kennedy, whose retirement last week created a new opening for Trump, sided with the four liberal justices to strike down the law in a 5-3 ruling following the death of Justice Antonin Scalia.
http://thehill.com/regulation/court-battles/395396-the-buzzword-at-center-of-supreme-court-clash?userid=229233
dhol82
(9,353 posts)Kept hoping for her to make a legitimate decision.
She always caved to the republican swamp.
Hoyt
(54,770 posts)should not be decided on stare decisis. I dont think that argument sets a good precedent.
FBaggins
(26,733 posts)Gee Senator... I have incredible respect for precedent, but I can't give you a categorical answer that I would never vote to overturn something. Think of all the bad decisions throughout history that would have to stand.
Glorfindel
(9,729 posts)I can't think of any.