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View Diary: "President Barack Obama Is the Most Threatened President In History." (187 comments)

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  •  Stare decisis. (0+ / 0-)

    Once the Supremes have ruled, it's very hard to get subsequent Justices to overrule.

    If I ran this circus, things would be DIFFERENT!

    by CwV on Mon Nov 26, 2012 at 09:51:51 AM PST

    [ Parent ]

    •  Tell that to the right-wing activist Justices (0+ / 0-)

      It's not that hard at all.  It's purely about respect for precedence, and some judges don't have much of that at all.  Look at Scalia and others who would be stoked to overturn Roe.  So, it happens.  Hopefully wisely and incrementally.

      Really, if the recent, narrow decisions finding a general 2nd are overturned, I hope the pro-gun folks don't go all Randall Terry and freak out.  Guns aren't the be-all, end-all, without which we're all screwed and the Constitution is just a piece of paper.  As with homicide statistics, look to other First-World democracies for comparison.  They get by OK.  We're not that different.

      And the 2nd isn't self-evident in its meaning.  It has to be interpreted in good faith (knowing reasonable people disagree), ideally with some kind of compromise emanating from the Court, and, I gotta say, pragmatically.  Much like Roe.

      "Happiness is the only good. The place to be happy is here. The time to be happy is now. The way to be happy is to make others so." - Robert Ingersoll

      by dackmont on Tue Nov 27, 2012 at 03:16:01 AM PST

      [ Parent ]

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