Brett Kavanaugh, who touted importance of precedent during confirmation fight, downplays it as he considers reversing Roe - CNN
Dec 02, 2021 2 mins, 59 secs
Speaking more broadly, Kavanaugh at the time described the circumstances that the justices overturn precedent as "rare" and said that a court majority's disagreement with a prior ruling was, by itself, not enough to overturn it.

But Kavanaugh's tone on when the court departs from "stare decisis," the concept of standing by its previous decisions, was a bit different on Wednesday when the court debated the future of abortion rights and its previous rulings.

As he touted the "string" of "important" and "consequential" cases where the court had previously overturned precedent, Kavanaugh said Wednesday that "history tells a somewhat different story, I think, than is sometimes assumed."

His questions and comments Wednesday suggested he is inclined to uphold Mississippi's 15-week ban on abortion.

"When I asked him would it be sufficient to overturn a long-established precedent if five current justices believed that it was wrongly decided, he emphatically said 'no.'"

Collins continues to support abortion rights, telling CNN on Wednesday she is "for Roe."

She declined to comment on Kavanaugh's remarks during the Mississippi case hearing, telling CNN she had not heard the arguments but was planning on listening to them Wednesday night.

On Thursday when asked by CNN whether she still believed that Kavanaugh viewed Roe as settled law, Collins said, "I think we all need to wait and see what the final decision is."

Court rulings on abortion that are 'precedent on precedent'

Kavanaugh was nominated to the Supreme Court by then-President Donald Trump, who promised during the 2016 campaign to pick justices who would "automatically" overturn Roe v.

He added that the "age of a precedent, as, I think, the Supreme Court itself has articulated many times, does ordinarily add to the force of the precedent and make it an even rarer circumstance where the court would disturb it."

Notably, when a Republican senator asked Kavanaugh a hypothetical question that abstractly described abortion foes' arguments for overturning Roe, Kavanaugh returned to the idea that the court sets "forth a series of conditions that you look for before you consider what you would overrule."

If the court thought a prior decision was "grievously wrong," it would then go "on to the next steps of the stare decisis inquiry," he said, which includes other factors the court takes into account.

Not sticking 'with those precedents'

Kavanaugh brought up the stare decisis principle on Wednesday, in a question that implied that precedents are overturned quite frequently and often in some of the most "important" and "consequential" cases.

"That's a list, and I can go on -- and those are some of the most consequential and important in the court's history -- the court overruled precedent," Kavanaugh said, noting that in those cases the court had been presented with arguments that it should adhere to the prior precedent.

He asked the attorney for the abortion providers that if the court has concluded now that Roe was decided wrongly, "why then doesn't the history of the court's practice with regards to those cases tell us that the right answer is actually a return to a position of neutrality -- and not stick with those precedents in the same way that all those other cases didn't?"

The court's liberal appointees pushed back at how Kavanaugh framed those cases, with Justice Sonia Sotomayor saying that most of those cases involved the court "recognizing and overturning state control over issues that we said belong to individuals."

Kavanaugh's comments also drew the condemnation of Lambda Legal, an LGBTQ rights organizations that was behind one of the cases that led to the same-sex marriage ruling Kavanugh cited.

1. macOS, Windows, Linux all targeted by new cross-platform exploit - AppleInsider
Jan 15, 2022 # technology 1 min, 45 secs
2. Truck carrying 100 monkeys crashes in Pa., and now some are missing: Police - PennLive
Jan 22, 2022 # politics 21 secs
3. Study: Female dolphins have a working clitoris, so they probably enjoy sex - Ars Technica
Jan 19, 2022 # science 1 min, 12 secs
4. Kelly Rizzo Declares Late Husband Bob Saget “The Most Incredible Man on Earth” - Hollywood Reporter
Jan 17, 2022 # entertainment 33 secs
5. Biden Will Provide 400 Million N95 Masks for Free - The New York Times
Jan 20, 2022 # politics 2 mins, 1 sec
6. Exclusive: UN Funds Migrant Wave Flooding to the U.S.
Jan 18, 2022 # breaking 1 min, 21 secs
7. Trump superfans dream of a run again, and of JFK Jr. on the ticket - POLITICO
Jan 17, 2022 # politics 2 mins, 5 secs
8. Timothy Olyphant Is Throwing on the Cowboy Hat One More Time for a Justified Sequel - E! NEWS
Jan 15, 2022 # entertainment 30 secs
9. Swagg explains why he’s worried about Warzone’s viral zero-damage anti-cheat measures - Dexerto
Jan 19, 2022 # technology 37 secs
10. Usa: neve, giacchio e pioggia. 60 milioni nella morsa del freddo - Ultima Ora
Jan 16, 2022 # breaking 7 secs
11. Minnesota COVID-19 patient flown to Texas after judge orders doctors to keep him on ventilator | TheHill - The Hill
Jan 17, 2022 # politics 23 secs
12. Tearful Adele announces postponement of Las Vegas residency due to Covid among crew and 'delays' - CNN
Jan 21, 2022 # politics 23 secs
13. Pixel 6 January patch: Has this update fixed common problems? [Video] - 9to5Google
Jan 20, 2022 # technology 22 secs
14. Breitbart News Daily Podcast Ep. 52: What Does MLK Day Mean Today? Guest: Project Veritas’ James O’Keefe
Jan 17, 2022 # breaking 17 secs
15. Visceral fat: the small fruit that supercharges metabolism and boosts fat burn by 27% - Express
Jan 18, 2022 # health 1 min, 0 secs
16. Mitch McConnell says Black people vote just as much as 'Americans'
Jan 21, 2022 # breaking 49 secs


Get monthly updates and free resources.


© Copyright 2022 365NEWSX - All RIGHTS RESERVED