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Power amalgamated founders worried that would be the very definition of tyranny. you can see why. we re life tenured. you can t get rid of us. it only takes a couple of us to make a decision or nine or twelve depending on the court. it would be a poor way to run a democracy and at the same time with respect legislators may not make great judge because they re answerable to the people and when you come to the court about a case or controversy about past facts you want a neutral, rigidly neutral, fair, scrupulously fair decision maker. you want somebody who s going to put politics aside. so the separation of powers i don t think has lost any of its ....
The full weight and respect to due precedent. those two cases were five to four decision. let me ask you about something that was unanimous. the supreme court ruled 9-0 the obama administration couldn t tell a church what ministers could be. the only controversial thing about that case is the obama decision tried to convince the supreme court a bunch of government bureaucrats can tell a church who the ministers could be. that case was 9-0. can you tell me if that case was decided correctly? respectfully i d give the same answer. ok. those are relatively recent cases. let s talk about cases that have been around for a while. let s look at giddy and wainwright. it was decided unanimously a long time ago, 50 years or more saying a criminal defendant has ....
Hard case has arrived once it s decided it takes on the force of president becomes an easy case in the future and contributes further to the determination of our law end quote if more recent opinions have called into opinion the rationale of the original case and you also suggested there may be circumstances where it s appropriate to revisit precedent. specifically you wrote that it may be appropriate to reconsider a decision where it has become a quote, presidential island surrounded by a sea of contrary law, end quote. so there may be times to reconsider certain opinions if more recent opinions have called into question the rationale of the original decision. i think all of us would agree, ....
A right to an appointed attorney if he can t afford one. everyone who watches cop tv knows this law. does that make a difference? can you tell me if you agree with the principle? is it the same answer? the same reason? mr. chairman, it s a seminole decision of the united states supreme court. there s no doubt about it. it s a very old decision of the supreme court now. it s been reaffirmed many times. there s a lot of reliance interest built around it so i can talk to you about the factors that a good judge considers in analyzing precedent and the weight due of precedent but i m not in a position to tell you whether i personally like or dislike any precedent not relevant to my job. gideon is an is seminole precedent of the united states ....
Former ambassador. vince, for folks that read the footnotes carefully and sometimes where the action is, this court went out of the way to cite wartime rulings and the case your organization won on guantanamo. why? it s very interesting to watch the clip of george bush react very differently than donald trump did. george bush said i respect the court s ruling and don t agree and interesting to go back to the days and never thought george bush would be more gracious given those human rights abuses and the reason they cited that case which is significant, back then filing that case, the president claimed the authority to be able to detain people outside of the courts to be able to strip away the constitutional rights. and also, claimed that this was an unreviewable decision. when the supreme court looked at the case, the supreme court found very clearly and i think created a seminole decision that said actually the courts, the courts i don t know to review ....