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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums'Kegs' Kavanaugh: Roe v. Wade 'An Important Precedent That's Been Reaffirmed Many Times'
Last edited Thu May 5, 2022, 12:29 PM - Edit history (1)
Kavanaugh: Roe v. Wade 'An Important Precedent of the Supreme Court That's Been Reaffirmed Many TimesOne of the important things to keep in mind about Roe v Wade is that it has been reaffirmed many times over the past 45 years
Senator Feinstein: Is Roe v Wade settled precedent or could it be overturned?
And as you well recall, Senator, when that case came up, the Supreme Court didn't just reaffirm it in passing. The Court specifically went through all the factors of stare decisis in considering whether to overrule it.
And the joint opinion of Justice Kennedy, Justice O'Connor, and Justice Souter, at great length, went through those factors. That was the question presented in the case.
Senator Feinstein:'I have been told before that a nominee will follow precedent, but once confirmed, they don't.'
I don't live in a bubble. I understand -- I live in the real world. I understand the importance of the issue
Senator Feinstein: Have your views changed since you were in the Bush White House?
[Planned Parenthood v Casey reaffirmed Roe] so Casey now becomes a precedent on precedent. It's not as if it's just a run-of-the-mill case that was decided and has never been reconsidered. But Casey specifically reconsidered it, applied the stare decisis factors, and decided to reaffirm it. That makes Casey a precedent on precedent.
https://www.cnsnews.com/news/article/susan-jones/kavanaugh-roe-v-wade-important-precendent-thats-been-reaffirmed-many-times
sop
(10,274 posts)Thomas Hurt
(13,903 posts)that this frat boy twerp was lying through his teeth and saying what he needed to get the job.
He played the game. The Senate got played.
IzzaNuDay
(363 posts)Liar, liar, pants on fire!
speak easy
(9,344 posts):fuck 'im:
LaMouffette
(2,042 posts)question by stating a list of facts about Roe v. Wade. It's like if someone asked a bank robber, "Did you rob that bank?" and the robber replied, "Banks get robbed. That bank was robbed. It was robbed and thousands of dollars were stolen. It was a bank robbery. The bank robbery happened. Bank robbery is a crime. That is my view right now, that bank robbery is a crime."
I honestly don't know why they hold confirmation hearings at all, if the candidates are allowed to evade answering questions in this way. I wish that Gorsuch, Kavanaugh, and Coney-Barrett could all be questioned all over again and this time around, with the amazing Katie Porter doing all the questioning for the Dems.
In It to Win It
(8,299 posts)Confirmation hearings are useless, or less than useless if that's possible. Why do we even have them anymore? Nominee dodges questions and it gives senator a chance to get out a campaign message and raise some money (may have answered my own question of why senators still do them).
DFW
(54,465 posts)K said that Roe was absolutely established precedent. He never said that he would never vote to overturn that established precedent. I think he was expertly prepped by some smart abortion opponents who knew the question would come, and coached him on how to dance around it without taking a stand one way or the other.
He just acknowledged that the thousand year old tree in front of him had been there for a thousand years. He never said he wouldnt cut it down, the first chance he got, which is exactly what he is trying to do.
uponit7771
(90,370 posts)Ms. Toad
(34,119 posts)I'm so sick of reading these "They lied under oath" threads. They did not.
As to your second paragraph, it is unethical for judges to make substantive comments on how they might rule on matters which might come before them. The purpose of confirmation hearings isn't to pick judges/justices based on how they plan to rule. It is to review their character, fitness to serve, and judicial philosophies (generally). From a perspective of fitness to serve, I would be more concerned with any potential justice who stated they would, or would not uphold or overturm a specific decision than with someone who answers such as those asked with their general judicial philosophy.
Takket
(21,661 posts)The three horsemen would be impeached and removed, then convicted of perjury. But we dont have a just society.
niyad
(113,714 posts)ever been nominated, much less confirmed.
Zeitghost
(3,886 posts)It's not even an answer really, it's a statement of facts about the legal state of Roe at that time and doesn't go into his personal or legal opinion on whether Roe should be upheld or overturned at all.
Roe was precedent that had been reaffirmed, it was an important case that people had strong feelings about.
He was basically asked if he enjoyed long hot summer days and responded by stating the temperature and humidity at the time. It's not a real answer to the question being asked.
speak easy
(9,344 posts)Even a statement of intention is still only an intention.
lame54
(35,339 posts)gldstwmn
(4,575 posts)Looking back on their answers regarding ROE, they were quite disingenuous.