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December 1, 2021
Lawrence. but in thinking about that which is the core of this case, how should we be thinking about it? justice breyer pointed out that in casey and in some respects it was a different conception of that concept insofar as it explicitly took into account public reaction. is that a factor that you accept or are you arguing that we should minimize that factor and is there a different set of rules that is true that casey identified brown and west coast hotel as watershed decisions? but is there a ...
December 1, 2021
We have plessey versus brown, bowers versus hardwick to lawrence, but, in thinking about stare decisis, which is the core of this case, how should we be thinking about it. justice breyer pointed out in casey and in some respects, well, it was a different conception of stare decisis that it very explicitly took into account public reaction. is that a factor that you accept or are you arguing that we should minimize that factor? and is there a different set of rules? it is true that casey identifi...
December 1, 2021
Choice. viability, it seems to me, doesnt have anything to do with choice. but if it really is an issue about choice, why is 15 weeks not enough time? >> a lot of the colloquy youve had with all of us has been about the benefit of stare decisis, which i dont think anyone disputes. it is true that casey identified brown and west coast hotel as watershed decisions, but is there a distinct set of considerations applicable to what the court might decide as a watershed decision? >> usually, there has...
June 26, 2013
♪ mattress discounters so obviously, as youve been watching the breaking news for most of the day, it was after 10:00 eastern, and the united states supreme court handed down two watershed decisions regarding gay marriage. one on the defense of marriage act, striking down the key proponents that effectively did