Originally Posted by The_Real_Hawkeye
Originally Posted by Sitka deer
Originally Posted by Squidge
Do you want a "judicial activist" appointed to the SC? Or one that respects "stare decisis"?


Pretty easy question!
That's a false dichotomy. Those who worship at the alter of stare decisis aren't the opposite of judicial activists. One who favors the ruling in Roe v Wade, for example, would be an example of a judicial activism proponent, since that decision essentially created law without regard for the limits of the Constitution. These activists appeal to stare decisis as a mechanism for preserving activist decisions. A strict constructionist, to the contrary, would oppose stare decisis to the extent that it interfered with overturning the judicial activist rule created in Roe v Wade.


Without stare decisis the law of the land would actually be the law of the moment... and there is some word play there.

Changing Roe by any means other than Constitutional Convention will not happen... and frankly the risks in throwing the Constitution wide open are huge...


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.