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Old 02-03-2008, 11:55 AM   #1
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Default Anyone know of

a time where the US supreme court has reversed a decision they have made?

I'm not talking about a reversal ofa lower courts decision obviously.
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Old 02-03-2008, 11:58 AM   #2
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Default RE: Anyone know of

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ORIGINAL: Charlie P

a time where the US supreme court has reversed a decision they have made?

I'm not talking about a reversal ofa lower courts decision obviously.
Yes, as a matter of fact, Lawrence v. Texas reversed a decision involving a Georgia case that was decided just a few years previously.

Give me a few minutes and I'll see if I can get my husband to look it up.


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Old 02-03-2008, 12:16 PM   #3
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That's allright looked it up on my own/ Learn something new every day.

I wonder how many times it has occured? And if appointing judges for the sole reason that they might decide to overturn Roe Vs Wade is something that should be a huge part of a platform for a party.

They are not really voting with their hearts but if the right decision was made. A judge could totally disagree with abortion or something else but have to follow precendents already established.
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Old 02-03-2008, 12:19 PM   #4
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Default RE: Anyone know of

The Gideon case on free lawyers for felons overturned a previous ruling.

More famously, Brown v. Topeka Board of Education overturned Plessy v. Ferguson. That ruling was that under equal protection of laws grounds, the country could not foster racially discriminatory laws. However, the Supremes are usually very reluctant to overturn recent decisions, that it cases within the last 50 years or so, unless there is a change in the constitution or controlling law.
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Old 02-03-2008, 12:21 PM   #5
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The last few appointees have flatly refused to answer a question dealing with Roe V wade, makes you wonder why?
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Old 02-03-2008, 12:31 PM   #6
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Default RE: Anyone know of

Quote:
ORIGINAL: Charlie P

That's allright looked it up on my own/ Learn something new every day.

I wonder how many times it has occured? And if appointing judges for the sole reason that they might decide to overturn Roe Vs Wade is something that should be a huge part of a platform for a party.

They are not really voting with their hearts but if the right decision was made. A judge could totally disagree with abortion or something else but have to follow precendents already established.
Okay, I guess you found Lawrence v. Texas, 539 US 558 (2003), overturned Bowers v. Hardwick, 478 US 186 (1986).

My old man told me to knock it off by the way. Says he doesn't want to have to look up cases every time I get in a discussion.

He did mention though that there have been decisions where some justices have indicated that they would like to overturn Roe v. Wade. He says it isn't that some of the justices don't approve of abortion. It's based on their opinion that the "right" on which Roe v. Wade was based doesn't actually exist in the Consititution. So whether or not one is permitted to have an abortion in any given state, is not a Constitutional issue.

My husband also points out that even if Roe v. Wade were overturned, it would not mean that abortion would be illegal. He says that, in Michigan for example, abortion was permitted even before Roe v. Wade.

So yes, it is an appropriate campaign issue. The issue isn't just abortion, it comes down to how much power should the Supreme Court have. Should the people of a given state be allowed to maintain their own community standards?

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Old 02-03-2008, 12:37 PM   #7
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Default RE: Anyone know of

Why don't you google search it yourself?
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Old 02-03-2008, 02:21 PM   #8
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Default RE: Anyone know of

Quote:
Why don't you google search it yourself?
I asked a question, I did search it and wasn't finding what I wanted. Geez why don't you..................... ah nevermind.
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Old 02-03-2008, 02:50 PM   #9
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Default RE: Anyone know of

I was joshin' you.
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Old 02-03-2008, 03:15 PM   #10
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Default RE: Anyone know of

me too.
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