Stone’s Rules

There’s a full docket in the faculty lounge as Professors Richard Epstein and John Yoo tackle the Roger Stone case and review the Supreme Court term that was: How did John Roberts justify taking both sides of the abortion regulations case within just a few years? Why does the Court get so many religious liberty cases these days — and is Antonin Scalia to blame? Has the pursuit of President Trump’s tax records seen SCOTUS open up a pandora’s box? And did the Court just give a huge chunk of Oklahoma back to Native Americans? All that plus the profs head to the suburbs, and we answer the question “Is it time to start worrying about Justice Gorsuch?” Also, remember to submit your questions for the upcoming Law Talk Q&A in the comments or to troy@ricochet.com

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  1. David Guaspari Member
    David Guaspari
    @DavidGuaspari

    A question about stare decisis for your next show: I’d like to hear a discussion on an argument claiming that stare decisis has the least force on matters of constitutional interpretation. It goes like this: A misguided interpretation of a statute is easily corrected; a legislature amends the text of the statute to make its meaning clear. But, since amending the constitution is so difficult, the only practical way for correcting a lousy interpretation of the constitution is for a later court to overrule it.

    • #1
  2. MISTER BITCOIN Member
    MISTER BITCOIN
    @MISTERBITCOIN

    David Guaspari (View Comment):

    A question about stare decisis for your next show: I’d like to hear a discussion on an argument claiming that stare decisis has the least force on matters of constitutional interpretation. It goes like this: A misguided interpretation of a statute is easily corrected; a legislature amends the text of the statute to make its meaning clear. But, since amending the constitution is so difficult, the only practical way for correcting a lousy interpretation of the constitution is for a later court to overrule it.

    Stare Decisis is important because you don’t want to reinvent the wheel for every case that arises.

    Bork laid out a 4 part framework for overturning precedent in his confirmation hearings 1987.

     

    • #2
  3. MISTER BITCOIN Member
    MISTER BITCOIN
    @MISTERBITCOIN

    @troysenik

    Q and A:

    To amend the constitution :

    2/3 of house must approve

    2/3 senate must approve

    3/4 of states must approve

    why is the bar higher for states?

    • #3
  4. Hoyacon Member
    Hoyacon
    @Hoyacon

    Bravo for the pic!

    • #4
  5. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    Hoyacon (View Comment):

    Bravo for the pic!

    How do we know it isn’t real.

    • #5
  6. Hank Rhody, Badgeless Bandito Contributor
    Hank Rhody, Badgeless Bandito
    @HankRhody

    Will we ever see a non-lawyer on the Supreme Court again?

    • #6
  7. MISTER BITCOIN Member
    MISTER BITCOIN
    @MISTERBITCOIN

    @troysenik 

    https://www.breitbart.com/politics/2020/07/21/aclu-constitution-requires-illegal-aliens-be-counted-in-congressional-apportionment/

    Should illegal aliens be counted in congressional apportionment?

    I say no

     

    • #7
  8. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    MISTER BITCOIN (View Comment):

    @troysenik

    https://www.breitbart.com/politics/2020/07/21/aclu-constitution-requires-illegal-aliens-be-counted-in-congressional-apportionment/

    Should illegal aliens be counted in congressional apportionment?

    I say no

     

    I say Hell No.

     

    • #8
  9. RufusRJones Member
    RufusRJones
    @RufusRJones

    Thanks for the great answer. That was quite a bit additive to everything else I’ve heard about Harris.

    • #9