Kavanaugh cites Roe v. Wade in opinion explaining when to overturn 'erroneous precedents'
Source: Fox News
SUPREME COURT Published 1 hour ago
Kavanaugh cites Roe v. Wade in opinion explaining when to overturn 'erroneous precedents'
Supreme Court Associate Justice Brett Kavanaugh did not author Monday's opinion that overturned a 1972 decision regarding unanimous jury verdicts, but in a concurring opinion he outlined how he believes the court should determine when it is appropriate to throw out "erroneous precedents."
In doing so, he invoked the abortion debate.
Kavanaugh's concurrence opened by pointing out that it is far from rare for the court to overturn a long-standing precedent, listing high-profile cases including the decision in Planned Parenthood v. Casey. That case is known for maintaining the right to an abortion, but Kavanaugh discussed in a footnote that it is also relevant because it overturned elements of Roe v. Wade.
"In Casey, the Court reaffirmed what it described as the 'central holding' of Roe v. Wade," Kavanaugh wrote, but noted that the court also "expressly rejected Roe's trimester framework, and the Court expressly overruled two other important abortion precedents."
Kavanaugh asserted that history shows that the tradition of following judicial precedent - commonly referred to as the doctrine of stare decisis - "is not an 'inexorable command.'" Still, he made clear that "to overrule a constitutional precedent, the Court requires something 'over and above the belief that the precedent was wrongly decided.'"
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Abortion rights proponents may look to Monday’s concurring opinion as evidence that Kavanaugh is ready, willing and able to overturn precedent, but conservatives could also point to words that would seem to indicate otherwise.
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Read more: https://www.foxnews.com/politics/kavanaugh-cites-roe-v-wade-in-opinion-explaining-when-to-overturn-erroneous-precedents
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TOTALAUTHORITYHat Retweeted
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TL;dr
Brett Kavanaugh wrote a mushy balancing test for overruling precedent. Roe v. Wade is featured in the first footnote. Susan Collins furrows brow.
Link to tweet
Justice Kavanaugh writes separately to explain his own views of stare decisis. I imagine lots of Court watchers are going to be reading this *very* closely...
Link to tweet
https://www.supremecourt.gov/opinions/19pdf/18-5924_n6io.pdf
= new reply since forum marked as read
pox on kavanaugh, the rapist's, house. 
have absolutely no redeeming qualities at all. I call them the inhumanes.
Just Fuck You. With a pitchfork. An old rusty, manure-encrusted, coronavirus- and tetanus-infected pitchfork. Sideways.
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