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Supreme court and deserves respect on that basis. precedent is like our shared family history as judge. it deserves our respect because it represents our collective wisdom and to come in and think just because i m new or the latest thing and no better than everybody who comes before me would be an act of huberous to the judicial role. what if i ask about bush versus gore? i know some people in this room have opinions on that i m sure senator as a judge it s part of the united states supreme court. it deserves the same respect as other presidents of the united states supreme court when you re coming to it as a judge. it has to be analyzed under the law of precedent. well, let s go to a kind of a ....
Origin, religion and other factors. vance v. ball which made it more difficult for workers to prove just plain discrimination claims. as a senator pointed out each case was five to four and justice scalia voted with the majority against the employee in every case. president trump and others said you are the next scalia. so i think it s only fair to ask you, to disagree with any of the majority opinions that judge scalia joined in the cases. if so, which ones do you especially disagree with and why? these are already been decided. i understand, senator. but again if i indicate my agreement or disagreement with a past precedent of the united states supreme court i m doing two things that worry me sitting here. the first thing i m doing is i m ....
For instance for brown versus board of education is the textbook example of this. so with these things in mind i d like to explore the approach you d take to supreme court precedence. could you tell us what you believe is a value of precedent in our legal system? if i could go back to promises. i have offered no promises in how i d rule in any case to anyone and don t think it s appropriate to do so no matter who s doing the asking and everyone wants a fair judge to come to their case anyway open mind and decide on the facts and law. one of the features of law is on ....
Decided a few years before roe the case where the court found constitutional right to privacy. can you tell me your views on griswald? senator, it s a precedent that s now 50 years old. it involved the right of married couples to use contraceptives in the privacy of their home. it s 50 years old and been repeatedly reaffirmed. all important factors inning precedent. well, i think i m going to stop questioning but i ll sum up what you and i just talked about in regard to precedent. so everybody understand the principle are at stake here. there are two reasons why you can t give your opinion on these cases, one i believe is independence and the other one s fairness to future litigants. ....
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, ....