Precedent Stand News Today

So its not just a look at whether or not its wrong, zpst important that the court take into account all of those factors, because stare decisis, meaning, letting the precedent stand, is a very important pillar of the rule of law. >> when is it appropriate for a judge to impose a sentence enhancement under the guidelines? >> thank you, senator. the federal sentencing guidelines are crafted to assist courts in making sentencing determinations within the broad range that congress prescribes for cas...

Factual development in states. the workability of the undue standard alone. all the metrics casey was describing casey fails. i would emphasize this as well. casey was not a great example of simply letting precedent stand. it recast and overruled two of the courts most important abortion decisions. it adopted a new standard unknown to other parts of the law. those arent the hallmarks of precedent and failed under this court. >> your answer is yes, you accept the way the special rule, the rule fo...

And i would also emphasize, your honor, on stare decisis, over the last 30 years, workability, development of the law, and the work kt, the undue burden standard alone, on all the metrics casey is describing, or the vast bulk of them, casey fails. and i would also emphasize as well, justice breyer, that casey was not a great example of simply letting precedent stand. it recast roes reasoning, it overruled two of the courts most important abortion decisions, it jettisoned the trimester framework ...

0 say. >> really? >> yeah. they used to be more polite. i have to say, the court over the last few years has gotten a bit more sharp in their questioning. and even sometimes to each other, and making digs at each other. thats an unfortunate trend. but i think for the most part, youll hear a respectful discussion of the issues between the advocates and the court. maybe the most important thing to think about is when the justices are asking a question, theyre not necessarily wanting to hear the an...

Roe v. wade and if you looked to a longer view you would be in the group saying it is up to states to decide? >> well, certainly there are a number of rues on roe v. wade but at the end of the day the judges job is not to decide based upon personal politics, points of view or religion. it is about the law. at the end of the day there is an idea in the law which says that precedents should stand unless there is a reason to overturn them. how does it apply in this case? well see going forward. but...

A role when it comes to the tax that individuals will have to pay if they do not get health insurance and the administration is going to face right now the congress is preparing to vote again after three dozen, more than three dozen failed attempts to repeal obama care. youve already said you think this might be a little bit of an overreach. do you think that this irs scandal has impact, will have impact on obama care? >> yes. i do. i think, look. all of us can identify with this irs scandal and...