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Thu Sep 6, 2018, 12:46 PM

There is NO reason why Kavanaugh can't disclose what he thinks is or is not settled law. [View all]

According to his own long standing legal beliefs one does not have to agree with the legal reasoning behind matters of "settled law" in order to determine that a matter is "settled law". It has nothing to do with what he deems to otherwise be the legal merits of a case. It is strictly a matter of whether precedence is sufficiently established or not to allow a ruling to be overturned.

Should Kavanaugh still believe, as he seemingly did in that 2003 memo, that Roe Vs Wade is NOT settled law, saying so does not in any way reveal how he would rule on the merits of a case that may end up before him on the Supreme Court. In other words: He is free to admit whether or not Roe Vs Wade is settled law. It in no way compromises his refusal to discuss a case that may come before him on the SC. If it is NOT settled law he can still cling to his refusal to divulge how he would rule on it's merits prior to hearing the actual case.

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Reply There is NO reason why Kavanaugh can't disclose what he thinks is or is not settled law. [View all]
Tom Rinaldo Sep 6 OP
The Velveteen Ocelot Sep 6 #1
Tom Rinaldo Sep 6 #2
The Velveteen Ocelot Sep 6 #5
Hoyt Sep 6 #3
Tom Rinaldo Sep 6 #4