Page 4 - Setting Precedent News Today : Breaking News, Live Updates & Top Stories | Vimarsana

That's why this legal process is so vital. >> you know, sometimes people say america has been through tough times before. democracy has faced tough times before, and it certainly has. but to your point, this really gets at the foundational principles upon which our country is built. do you think this is more than simply a stress test for this democracy? >> oh, absolutely. this is about setting precedent. one precedent was set in december and january of 2020 and 2021. and now there is a precedent that undid guard rails, it undid traditions that have been around since president washington in ter...

Permanently a few years ago. there was a national emergency in covid-19, different from obviously what happened in 9/11, but the question before the court was do you have the authority to then cancel -- because congress with a clear -- were they clear on the issues, they gave you everything you needed to say this agency truly has this power. and that's why medicaid and other instances come up because the question is has congress spoken clearly enough such that we don't have to try to infer or intimate is it clear enough to know. that's what you had the authority to do. >> there's another case ...

They weren't meant to be setting precedent or binding anybody other than the parties to the immediate case. that is no longer true. >> that's right. the best evidence of the old school approach is until 1980 the norm was these emergency applications were dealt with by individual justices by themselves in chambers where they could provide more process, that used to be common to have oral arguments in a single justice's chambers, they could write an opinion and no one would confuse that as the word of the full court. in the 1980s what happened in response to the reinstitution of the death penalt...

Around these emergency actions. they weren't meant to be setting precedent or binding anybody other than the parties to the immediate case. that is no longer true. >> that's right. the best evidence of the old school approach is until 1980 the norm was these emergency applications were dealt with by individual justices by themselves in chambers where they could provide more process, that used to be common to have oral arguments in a single justice's chambers, they could write an opinion and no one would confuse that as the word of the full court. in the 1980s what happened in response to the r...

Discrepancies, the amount of issues that we were able to find that the joint committee on taxation was able to find from just a review of the audit process, really made me believe that the report that we put forward would not have been believed unless it was attached to the underlying documents, the underlying evidence, which, in fact, were the tax returns, to show what an absolute -- the fact that this program was dead, but i think it's kind of interesting that the republicans would say that we're setting precedent when we know that they went after individuals like lois lerner and others in t...