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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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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.
@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?
Bravo for the pic!
How do we know it isn’t real.
Will we ever see a non-lawyer on the Supreme Court again?
@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.
Thanks for the great answer. That was quite a bit additive to everything else I’ve heard about Harris.