Ricochet is the best place on the internet to discuss the issues of the day, either through commenting on posts or writing your own for our active and dynamic community in a fully moderated environment. In addition, the Ricochet Audio Network offers over 50 original podcasts with new episodes released every day.
This week’s episode is going up a day early as we had to call Happy Hour for Thursday evening on account of scheduling problems, and Steve and Lucretia welcome to the bar the noted Bourbon drinker and McRibb connoisseur John Yoo. (He’s also apparently a law professor somewhere.)
We review a few of the tea leaves from last week’s Supreme Court oral argument in the Dobbs case, but use this momentous case to talk more broadly about the whole problem of stare decisis (“let the decision stand”) in our jurisprudence. Along the way we entertain some seriously heterodox views, such as the proposition that Brown v. Board of Education never actually overturned the “separate but equal” doctrine of Plessy v. Ferguson. It it has done so, we wouldn’t have the messy regime of quotas and affirmative action today.