General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"Stare Decisis, my ass." says Chief Justice John Roberts (OK, I'm only hypothesizing that)
"John Roberts assured the Senate Judiciary Committee that judges must "be bound down by rules and precedents." Invoking Alexander Hamilton and James Madison, he affirmed that "the founders appreciated the role of precedent in promoting evenhandedness, predictability, stability," and "integrity in the judicial process."
Although acknowledging that it is sometimes necessary for judges to reconsider precedents, he stressed that this should be reserved for exceptional circumstances, where a decision has proved clearly "unworkable" over time.
But in general, "a sound judicial philosophy should reflect recognition of the fact that the judge operates within a system of rules developed over the years by other judges equally striving to live up to the judicial oath.""
http://www.thedailybeast.com/articles/2012/06/18/john-roberts-is-just-a-liar.html
"While the court has recognized First Amendment protections for churches and other nonprofit religion-based organizations, Ginsberg noted that no previous court decisions had ever recognized a for-profit corporations qualification for religious exemption from any laws.
The absence of such precedent is just what one would expect, for the exercise of religion is characteristic of natural persons, not artificial legal entities, she wrote. "
http://www.rawstory.com/rs/2014/06/30/justice-ruth-bader-ginsberg-trolls-scalia-in-blistering-dissent-of-hobby-lobby-ruling/
alsame
(7,784 posts)Roberts: 'My job is to call balls and strikes and not to pitch or bat'
I have no agenda, but I do have a commitment. If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench. And I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability. And I will remember that it's my job to call balls and strikes and not to pitch or bat.
http://www.cnn.com/2005/POLITICS/09/12/roberts.statement/
COLGATE4
(14,732 posts)'Promise them anything - but give them the finger'.
fredamae
(4,458 posts)a constitutional right to make this decision to begin with? Are they creating laws? What Constitutional remedy do we have when SCOTUS violates the constitution?