Klobuchar Challenges ACB On Roe v Wade Only to Be EMBARRASSED On Live TV

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Okay Well, Why Dont We End There With Precedent

I think that’s a good way to end here so you wrote in your 2013 Texas Law review article that you tend to agree with the view that when a justice’s best understanding of the constitution conflicts with Supreme_court” target=”_blank” rel=”noreferrer noopener”>Supreme Court precedent or case law it is quote more legitimate for her to follow her preferred view rather than apply the precedent and I want to run through a few examples. So Brown V board of education as we know that holds at the 14th amendment prohibits states from segregating schools on the basis of race. So is that precedent um yes that can’t be overruled well that is precedent um and as I think I said in that same article it’s super precedent people consider it to be on that very small list of things that are so widely established. and agreed upon by everyone calls for its overruling simply don’t exist okay well. You also separately acknowledge that in planned parenthood V casey the Supreme Court’s controlling opinion talked about in the reliance interest on Roe v Wade, which it treated in that case a super precedent is row a super precedent how would you define Super president I I actually I might thought someday I’d be sitting in that chair.

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Im Not Im Up Here So Im Asking

okay well people use super precedent differently okay the way that it’s used in the scholarship and the way that I was using it and the article that you’re reading from was to define cases that are so well settled that no political actors and no people seriously push for their overruling and I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in. That category and scholars across the spectrum say that doesn’t mean that Rose should be overruled, but descriptively it does mean that it’s okay not a case that everyone has accepted and doesn’t call for its overruling okay, So here’s what here’s what’s interesting to me. You said that brown is and I know my time is running out is a super precedent that’s something the Supreme court has not even said, but you have said that so if you say that why won’t you say that about Roe v wade a case that the court’s controlling opinion in that planned parenthood V casey case has described as a super precedent that’s what I’m trying to figure out um well Senator. I can just give you the same answer that I just did I’m using a term in that article that is from the scholarly literature. It’s actually one that.

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Was Developed By Scholars Who Are You

know certainly not Conservative scholars who take a more progressive approach to the constitution and again you know as as Richard Fallon from Harvard said Roe is not a super president because calls for its overruling have never ceased, but that doesn’t mean that Rose should be overruled. It just means that it doesn’t fall on the small handful of cases like Marbury versus Madison and Brown versus the board that no one questions anymore is United States for Virginia military is that super president Senator Klobuchar if you continue to ask questions about super precedents that aren’t on the list of the Super presidents that I discussed in the article that are well acknowledged in the constitutional law literature Every time you ask the question I’ll have to say that I can’t grade it okay well. I am then left with looking. at the tracks of your record and where it leads the American people and I think it leads us to a place that’s going to have severe repercussions for them thank you.

Summary

A justice’s best understanding of the constitution conflicts with Supreme Court precedent or case law . Brown V board of education as we know that holds at the 14th amendment prohibits states from segregating schools on the basis of race.& So is that precedent um yes that can’t be overruled well that is precedent um and as I think I said in that same article it’s super precedent people consider it to be on that very small list of things that are so widely established.& and agreed upon by everyone calls for its overruling simply don’t exist okay well. Okay well, why don’t we end there with precedent? I think that’s a good way to end here so you wrote in your 2013 Texas Law review article that you tend to agree with the view that when a justice’s best understanding conflicts with the Supreme Court’t to follow her preferred view rather than apply the precedent and I want to run through a few examples of the precedent. I said it’…. Click here to read more and watch the full video