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| Re: MLK’s “Dream” is Dead and Buried (1881277) | |||
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Re: MLK’s “Dream” is Dead and Buried |
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Posted by mtk52983 on Fri Jan 28 15:30:29 2022, in response to Re: MLK’s “Dream” is Dead and Buried, posted by Spider-Pig on Fri Jan 28 14:54:45 2022. I personally like to see that the person either has scholarship that has been cited by the Supreme Court or litigation experience before the Court. I want to see somebody who can point to a case where he/she/they is/are personally opposed to a decision, but must agree with it because the Constitution dictates that result. No person who is honest about following the Constitution can say that every decision they support is perfectly grounded in the Constitution. I also want a Justice that has a very high threshold on stare decisis. What makes you more qualified than the original Justices to determine whether something follows the Constitution? If your only argument is the prior Court misinterpreted the Constitution that should not be enough because then precedent only means the decisions I like are followed. To overrule a prior case you need to demonstrate that every underpinning of the prior decision was wrong such as when the Brown court undercut all justification for Plessy. |
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