Stare Decisis

Right after the leaked SCOTUS opinion, Nancy Pelosi brought out the traditional fake pro-killing cliches unearthed from the ABC, CBS, and NBC faults closed in 1973. These old slogans are really tough to counter: abortion kills women, it’s a woman’s right, The life inside me is mine to kill, Rape and incest babies deserve to die, it’s a Choice not killing, etc.  Before 1973, most states had laws against abortion, thus it was brought through the Courts to the Supreme Court, were Roe v. Wade decided abortion was legal under the right of privacy, but this is not mentioned in the Constitution. Because the Supreme Court’s jurisdiction is limited to matters mentioned in the Constitution a legal issue existed regarding its decision in Roe and legal arguments are relevant, some would say absolute. The legal theory of “Precedent”, refers to the Latin term above interpreted, “Stand by Things Decided”. It’s a good idea to cut down your workload, not repeat yourself and give weight to a court’s prior decisions. However, if you had any exposure to legal proceedings there are usually many cases that Counsel on each side asserts as the controlling precedent. Moreover, some cases are so convincing and weighty they get labeled as “dicta”. This is “A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.” Of course all court opinions are the product of judges words, so if you want a decision ignored call it dicta, but if it supports your argument, call it controlling precedent. The conclusion is that men and women populate the judiciary, therefore, it is flawed.

It has traditionally been honorable to admit and correct one’s errors, misstatements, or omissions. The press has long practiced this as a means of protecting and enhancing their credibility, and limiting their liability against slander. Courts also allow corrections through a formal process of Appeals from lower courts to higher Courts. Courts are not empowered to make law, as that authority belongs to the Legislatures. Nevertheless, some courts/judges have done this anyway, particularly activist judges. They do this to achieve a result or outcome. When, the SCOTUS does this there is no appeal left. Still, the Court has corrected itself many times, over slavery, prohibition, interracial marriage and other issues. In the case of Obama Care, the Government’s petition was that it had authority to compel citizens to purchase health insurance, the Court modified the Government’s position and asserted the cost of Obama Care was a tax. This exceed the Court’s authority and was patently wrong. Marriage was defined for over thousands of years as a union between a man and a woman. The court overturned this definition and violated the State Legislatures right to regulate marriage. The erroneous SCOTUS decision in Roe v. Wade appears to be in the process of correction and authority on abortion returned to the legislatures. One precedent of error will now join a long list of others that have been corrected and still others waiting to be corrected. “When a land falls into the hands of the wicked, he blindfolds its judges. If it is not he, then who is it?” (Job 9:24) King David observed rightly, “I have a message from God in my heart concerning the sinfulness of the wicked: There is no fear of God before their eyes. In their own eyes they flatter themselves too much to detect or hate their sin.” (Psalms 36:1-2)

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