The justices didn't lie to the Senate

Here’s Justice Gorsuch: “Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. . . . So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”

Advertisement

He added that “If I were to start telling you which are my favorite precedents or which are my least favorite precedents, or if I viewed precedent in that fashion, I would be tipping my hand and suggesting to litigants that I have already made up my mind about their cases.”

And here’s Justice Kavanaugh: “Roe v. Wade is an important precedent of the Supreme Court. It has been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992. . . . So that precedent on precedent is quite important as you think about stare decisis in this context.” He made no specific pledge about either case that we have seen. Justice Amy Coney Barrett expressly rejected the idea that Roe was a super precedent.

The claims of deceit are especially unfortunate because they suggest that the Court is no different from the political branches. This is damaging to the Court’s credibility, whether the majority leans to the left or the right. The current majority won’t last forever, perhaps not even many more years, and Democrats deriding the current Court as political won’t be pleased if Republicans make the same claim when their appointees are back in the majority.

Join the conversation as a VIP Member

Trending on HotAir Videos

Sponsored

Advertisement
Advertisement
Advertisement