Settled law and stare decisis

Teflon Don

Teflon Don

I'm back baby
The leftists seem apoplectic about Roe v Wade and always want a judge or politician to be on record saying it is “SETTLED LAW”

But do you lefties apply the SETTLED LAW argument to other areas?

For example

Is Heller SETTLED LAW?

Is Citizens United SETTLED LAW?
 
Teflon Don said:
The leftists seem apoplectic about Roe v Wade and always want a judge or politician to be on record saying it is “SETTLED LAW”

But do you lefties apply the SETTLED LAW argument to other areas?

For example

Is Heller SETTLED LAW?

Is Citizens United SETTLED LAW?
Click to expand...

So your claim (and Kavanaugh's) is that there is no such thing as settled law...true?

You realize that Heller overturned 150 years worth of Stare Decisis..right?

That Plessy V Ferguson was wrongly decided as was Dred Scott
 
Teflon Don said:
The leftists seem apoplectic about Roe v Wade and always want a judge or politician to be on record saying it is “SETTLED LAW”

But do you lefties apply the SETTLED LAW argument to other areas?

For example

Is Heller SETTLED LAW?

Is Citizens United SETTLED LAW?
Click to expand...

Why wasn't Plessy considered settled law?

The left's argument related to settled law is based on whether or not they agree with the decision.
 
Lesh said:
So your claim (and Kavanaugh's) is that there is no such thing as settled law...true?

You realize that Heller overturned 150 years worth of Stare Decisis..right?

That Plessy V Ferguson was wrongly decided as was Dred Scott
Click to expand...

Wasn’t Plessy settled law?

The real question is can Supreme Court decisions be overturned or is it just decisions you lefties don’t Like?
 
If the right cannot accept Stare Decisis and settled law, then with the elections of 2018 and 2020, real America will have to make them understand RvW is settled for several generations.
 
Just to be clear...we have Trumpers saying that Plessy v Ferguson shouldn't have been overturned?

It was a SC decision that defended racial discrimination...

Ohhh
 
Lesh said:
So your claim (and Kavanaugh's) is that there is no such thing as settled law...true?

You realize that Heller overturned 150 years worth of Stare Decisis..right?

That Plessy V Ferguson was wrongly decided as was Dred Scott
Click to expand...

But Plessy was overturned showing "settled law" can always be changed by the Supreme Court. We don't want settled law overturned if we like it but want it overturned if we don't. Few people judge Supreme Court rulings on the law but on their own political preferences.

Maybe, like Plessy, the earlier 2nd Amendment cases were wrongly decided.
 
Liberals talk about "settled law" which means they admit federal courts write laws even though the constitution says they can't.

"All legislative powers herein granted shall be vested in a congress of the united states."
 
Lesh said:
Just to be clear...we have Trumpers saying that Plessy v Ferguson shouldn't have been overturned?

It was a SC decision that defended racial discrimination...

Ohhh
Click to expand...

If you accept the idea of "settled law" then plessey should NOT have been overturned. Make up your mind.

I don't believe in settled law myself. All laws can be changed. Why would anyone think they can't.?
 
Flash said:
But Plessy was overturned showing "settled law" can always be changed by the Supreme Court. We don't want settled law overturned if we like it but want it overturned if we don't. Few people judge Supreme Court rulings on the law but on their own political preferences.

Maybe, like Plessy, the earlier 2nd Amendment cases were wrongly decided.
Click to expand...

I don't disagree with you.

Stare Decisis is a fantasy that has only occasionally been honored.

Roe V Wade is absolutely in jeopardy

This is what you get when you have Republicans running anything

Forget that at your peril
 
Teflon Don said:
The leftists seem apoplectic about Roe v Wade and always want a judge or politician to be on record saying it is “SETTLED LAW”

But do you lefties apply the SETTLED LAW argument to other areas?

For example

Is Heller SETTLED LAW?

Is Citizens United SETTLED LAW?
Click to expand...

actually it used to be settled law that killing your children was a bad thing.........
 
Lesh said:
I don't disagree with you.

Stare Decisis is a fantasy that has only occasionally been honored.

Roe V Wade is absolutely in jeopardy

This is what you get when you have Republicans running anything

Forget that at your peril
Click to expand...

Republicans have been talking about getting rid of Roe for 45 years and done nothing about it. They could have proposed a constitutional amendment but never attempted to do so. It would not have passed but they made no effort. Stare decisis was important in Casey v. Planned Parenthood.
 
Teflon Don said:
The leftists seem apoplectic about Roe v Wade and always want a judge or politician to be on record saying it is “SETTLED LAW”

But do you lefties apply the SETTLED LAW argument to other areas?

For example

Is Heller SETTLED LAW?

Is Citizens United SETTLED LAW?
Click to expand...

You totally misrepresented the "settled law" inquiry in Brett's hearings, what was being pursued, and done again by Collins, not a Democrat, was what was Kavanaugh's view on that term he employed in the past since he had presented confusing opinions on the topic as it related to Roe/Wade

And no, no law is "settled" the way you are implying, especially when politics are involved, but "well settled law" does apply, for example laws overseeing personal contracts between individuals because of the social acceptance of those laws
 
archives said:
You totally misrepresented the "settled law" inquiry in Brett's hearings, what was being pursued, and done again by Collins, not a Democrat, was what was Kavanaugh's view on that term he employed in the past since he had presented confusing opinions on the topic as it related to Roe/Wade

And no, no law is "settled" the way you are implying, especially when politics are involved, but "well settled law" does apply, for example laws overseeing personal contracts between individuals because of the social acceptance of those laws
Click to expand...

ANd it does come down to what society has accepted.

For instance when Dred Scott was decided...that was the general consensus of the nation (sadly). That was also the case for Plessy...and happily later for Brown V Board and Roe.

And the societal consensus on ROe has not changed. A small group of anti-abortion nuts have just gotten louder and more powerful.
 
jimmymccready said:
If the right cannot accept Stare Decisis and settled law, then with the elections of 2018 and 2020, real America will have to make them understand RvW is settled for several generations.
Click to expand...

Nothing in law is that settled, particularly when it comes through the doors of the Supreme Court. If it were otherwise, there would be no gay marriage.
 
Of course law may be that settled.

If the super majority of society thinks X is so, SCOTUS won't go with Y.
 
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All laws written by the SC are unconstitutional since the constitution itself says only congress can write laws. It is thus absurd to say roe v wade is settled law.
 
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