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Reply #100: If it is brought up as an issue protecting stare decisis without legislation to take it down... [View All]

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cascadiance Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 11:12 AM
Response to Reply #96
100. If it is brought up as an issue protecting stare decisis without legislation to take it down...
Edited on Tue May-26-09 11:14 AM by cascadiance
... then perhaps that will have the added benefit of forcing congress to define it so that it can no longer be supported as law.

I understand the motive of keeping the convention to support what has been supported over and over again in other court rulings. But this is flawed, and is at the source of many of the problems our nation faces now. It NEEDS to be overturned! Now if we need to think through of the effects of such a ruling or legislation going through congress, etc. before changing the rules, so be it. But at some point we need to get back to the country being ruled by people and not "We the corporations" any more...

By bringing this up, we either force the Republicans to back away from Roe v. Wade (if they don't want to lose corporate personhood as a result of throwing out state decisis when it comes to Roe v. Wade), or we deal with the whole consequences of stare decisis, and whether it really even applies to a case where it wasn't the court itself that made the ruling into law, but a conflict of interest-plagued court clerk who did so in his wording of a consequential headnote. Either way, we win if done this way. If we continue to avoid discussing this, and only the Rethugs beat the drum of "being true to the constitution", it will mislead the public more and more falsely that the Democrats don't believe in constitutional law.
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