postman
Diamond Member
- Feb 23, 2017
- 19,322
- 10,390
- 1,250
This is where you're wrong. Stare Decisis is a long standing principle in common law. It's what keeps the system from becoming uncontrollable chaos.And were you present when the Justices overturned Roe? No, you were not, so you have no idea whether they reviewed previous bad decisions using new arguments, old arguments, or both. Stare Decisis is not a law that ties the hands of Justices, who need to be free to hear each case on its own merits, not be required to check with a democrat before ruling.
What if in January they decide a states death penalty law is constitutional. And the state starts to executes the prisoners it had on death row.
They part way though the backlog, when a prison files an emergency appeal in March, and by June they change their mind and say the states death penalty law is unconstitutional.
When a law is ruled unconstitutional, it's treated as if the law never existed. Which means those put to death based on their January ruling, were illegally executed. And the state liable for wrongful death lawsuits.
That's no way to run a state.