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Precedent of controversial cases like roe v. wade. now in 2003, texas law review, in a 2003 texas law review article, she wrote that the public's response reflected public rejection of the idea that legal precedent, quote, can declare a permanent victor in a divisive constitutional struggle. to talk more about these front-runners and their potential on the court, joining me now is jeff rosen, the ceo and president of the national constitution center. he's also a law professor at george washington university law school and elliott williams, principal at republic policy firm the raven group, pre...

Threatened. mr. president, now, we're going to hear a lot this summer about precedence. the traditional question on these matters has been will the nominee defer to precedent. nominees will be asked if they respect settled law. this is known as the principle of stare decisis. the nominee always answers that yes, he and she will respect and defer to precedent. and senators nod their heads, having received this rickety, vague assurance that the nominee will not rock the judicial boat and turn the clock back decades. but for two reasons, this standard, settled law, stare decisis, is no longer an ...

That litmus test, it is certainly not enough for a judge to prove his or her moderation by invoking stare decisis. stare decisis and respect for precedent have become an almost meaningless bar to set for a supreme court nominee. at this critical juncture, u.s. senators and the american people should expect an affirmative statement of support for the personal liberties of all americans from the next supreme court nominee. >> we're listening to schumer. we'll monitor that. i've got geoff rosen with me. we have reporting in from cnbc, gentlemen that says president trump has decided on who he will...

Right, and i understand there are outliers outlining cases. and justice kennedy on social issues was not what some people expected him to be. how should people think about the things that in the last 5 to 25 or 30 years, in the case of roe v. wade, longer, we've taken it as established law? >> let's make something clear, something is established law until the supreme court says it's no longer established law. and justice gorsuch wrote a book on precedent and had no trouble overturning the janice decision which gutted labor unions. the court is certainly at its liberty and discretion to overtur...

Contenders do sit to the right of chief justice john roberts. >> and moreover, the list from which this group of people came from was a campaign document by the, you know, by donald trump when he was running for president. the goal was to whip up people ultimately at rallies and, you know, wisconsin and so on. and that has driven the nominations process. so obviously, you know, when you're talking about republican primary voters being the individuals who are driving the process for whom a supreme court nominee's going to be, naturally the center of the court is going to shift to the right. and...