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(82,849 posts)
10. If liberals can stomach using conservatives' own weapons against them
Mon Oct 12, 2020, 03:06 PM
Oct 2020

Then the legal concept of stare decisis can be disposed of entirely, and the law will say whatever a majority on the Supreme Court at any given time says it is. It's not a recipe for stable governance, that's for sure. If the Supreme Court says people in police custody must be informed of their rights before the cops can start questioning them, then that's fine for as long as the Court majority says it is. But if a subsequent Supreme Court says that potential criminal defendants aren't entitled to representation by an attorney, and the police aren't bound to tell them that they're entitled to representation, then the cops can again launch vendettas on people they don't like without constraint of any kind. It will be up to a future Supreme Court to rule again that the Fifth Amendment really means what it says.

Your life expectancy may hinge on who's on the Supreme Court at any particular time in your life.

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