martybegan
Diamond Member
- Apr 5, 2010
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This where I disagree. That to overturn a prior precedent, it should require an equal or greater unanimity than the prior decision.
Nothing in the Constitution mentions that, or even stare decisis.
A bad decision is a bad decision regardless of how many judges think it's a good idea.
Plessey, Roe, Chevron, were rightly overturned.
Now we need to get rid of Morris vs. Board of Estimates.