Stay updated with breaking news from Binding Precedent. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 6-K REPORT OF FOREIGN ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 OF THE ... | May 8, 2023
There are different kinds of precedent. by that i mean there's vertical precedent, which is what people are most familiar with. there are cases that are handed down by higher courts, the appellate court, the supreme court. those bind the lower court. even if you disagree with them, you have to follow them, because they're binding precedent. but there's also horizontal precedent. it's about maintaining consistency and predictability in the rule of law. what that means is, when you are in a district, there are many judges and if someone else in your district has handled a case that comes out or ...
They need to survive. do you agree that those principles are just as relevant today as they were when the supreme court first decided "new york times" versus sullivan? >> "new york times" versus sullivan is the continuing binding precedent of the supreme court and does state the principles that the court has determined are undergirding the first amendment right to free press. >> ok. and last summer, actually, in barisha v. boston, the supreme court declined to hear a case, and justice thomas and justice gorsuch dissented, arguing the court should reconsider the holding in sullivan. how would y...
0 facts, i'm applying the law in as neutral and consistent a manner as i can. because that is the duty and requirement of the judicial oath. i'm also very conscious of the limits of judicial authority, of the restrictions that exist in the law to prevent me as a judge from becoming a policymaker. this means that i carefully scrutinize my jurisdiction. it means that i look at the text and focus on the text and the intentions of the legislatures that drafted that provision. or the intention of the framers that put forward that constitutional principle. it means i'm looking at precedent if i was ...
Issue of supreme court reform. i wouldn't look for anything to happen quickly. the courts move in a very traditional pace and a decision to alter the formatting of the supreme court would have a lot of consequences. so we'll have to see what that commission concludes and whether or not ultimately there can be sufficient bipartisan agreement to reform the court. the real issue we will see come to a head in the abortion issue is this, is this a supreme court that's willing to override 50 years of binding precedent to take the country a different direction that's consonant with the political beli...