Transcripts for MSNBC The Beat With Ari Melber 20220322 22:0

MSNBC The Beat With Ari Melber March 22, 2022 22:06:00

circuit court that was on point to your mcgahn situation, yes, you would have had to follow that precedent. but there wasn't. so you followed a reasoning by another district judge that made a lot of sense to me. and that certainly makes sense to me. you discussed the importance of precedent in your opinion. this is what you wrote. it is interesting to know that the doctrine performs a limiting function that reflects the foundational principles that undergird the federal government's tripartate institutional system. this nudges the court outside of its established domain of saying what the law is, and into the realm of legislating what the law should be. i know that you've been asked questions about the importance of precedent before.

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