Tuesday, April 21, 2020

Stare Decisis Eroding? Prayer Works!!

Looks like SCOTUS has finally gotten over itself. 

In a news story about jury verdicts in which SCOTUS overturned a 1972 decision, the issue became "stare decisis.  That has VERY interesting implications for abortion, since one abortion-related case has yet to be decided.

....among the various opinions was a dispute about when the court should overturn precedent, an issue the justices have grappled with in recent years and could come into play this spring in a blockbuster abortion case out of Louisiana as well as in cases this term and next dealing with religious liberty.

For Justice Neil Gorsuch, writing for the majority on Monday, the result was clear cut. Over 26 pages, he dug into the intent of the founders. "Whether it's the common law, state practices in the founding era, or opinions and treatises written soon afterward -- the answer is unmistakable," he wrote.

In doing so, he targeted a 1972 case called Apodaca v. Oregon, where the court held that the Sixth Amendment permits non-unanimous verdicts in state criminal trials, calling it an "admittedly mistaken decision."

The ruling, Gorsuch wrote, was an "outlier on the day it was decided, one that's become lonelier with time."...
Lots more fun to follow as June approaches!!


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