Any port in a storm, I guess…

…but to have a Supreme Court nominee say she respects a fundamental right guaranteed by the Constitution only because said respect is mandated by respect for court precedent is unconscionable. (As one commenter pointed out, Sonia Sotomayor said she was bound by precedent too, but she voted with the minority in McDonald v. Chicago. Which makes Elena Kagan’s word worth even less.) And  “judges must respect a precedent unless it proves unworkable”? What about if said precedent was, quite clearly, morally wrong?



One Response to “Any port in a storm, I guess…”

  1. southtexaspistolero Says:

    kahr40 (
    Well there’s court precedent and there’s court precedent. Heller ignored what they wanted to be the precedent so it don’t count. Also if you believe the Constitution is a “living document” how can you claim you’re bound by court precedent?
    June 29, 2010, 12:19:50 PM CDT – Like – Reply – Edit – Moderate

    Sabra (
    What scares me is that she has allegedly promised deference to Congress. I’m pretty sure that invalidates the whole “checks and balances” thing.
    June 29, 2010, 3:44:35 PM CDT – Like – Reply – Edit – Moderate

    Speakertweaker (
    If that isn’t a flashing gorram neon sign for judicial activism, there isn’t one. I still haven’t read the opinions or dissents in the McDonald case, but I’ll say this either way: all four Justices who voted against McDonald – which, you’ll notice were the same four seats who voted against Heller – were practicing blatant activism. They completely ignored Heller, which, to me, says they have no respect whatsoever for their own Court’s jurisprudence, or any part of the Constitution/Bill of Rights.

    June 30, 2010, 9:51:55 AM CDT

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