Sponsored Content
$30+ Million Opening Weekend For... Saw II? | Main | Open Thread for Alito Nomination
October 30, 2005

It's a Bird, It's a Plane... It's SuperPrecedent!

New York Times article about "super precedents," a new legal concept of sorts. Super precedents are like normal precedents, except they are very important to the "fabric" of our law, and are thus not entitled to mere stare decisis, but super stare decisis.

Liberals used to call these sorts of precedents "liberal precedents." I don't remember them arguing that Bowers v. Hardwick, or the long list of precedents that one could execute a 17 year old cold-blooded killer, were "superprecedents," or really any sort of real precedent at all.

The New York Times, shockingly enough, tries to make trouble for potential Supreme Court nominee Michael Luttig:

An origin of the idea was a 2000 opinion written by J. Michael Luttig, a judge on the United States Court of Appeals for the Fourth Circuit, who regularly appears on short lists for the Supreme Court.

Striking down a Virginia ban on a procedure that opponents call partial-birth abortion, Judge Luttig wrote, "I understand the Supreme Court to have intended its decision in Planned Parenthood v. Casey," the case that reaffirmed Roe in 1992, "to be a decision of super-stare decisis with respect to a woman's fundamental right to choose whether or not to proceed with a pregnancy."

Let's nip this one in the bud: He was saying it was his opinion that, as a judge inferior to the Supreme Court and charged to apply its precedents as they intended, he thought the Court intended itself to esptablish "super-stare-decisis." Not that he believes in such a thing, necessarily. Just that it was his job to do what the Supreme Court, and that the then-current O'Connor-led goofballs on the Court intended to create this new weapon, a +5 Holy Precedent, double-damage vs. rightwing troglodytes.

As a Supreme Court judge, he'll be deciding himself if he believes in "super-precedents."

Prof. Randy Barnett, a member of the Volokh Conspiracy, splashes cold water on this silly spark of imagination:

"The fact that something is a superprecedent doesn't give us a reason to stick to it if it's wrongly decided," said Randy Barnett of Boston University Law School...


Seems to me Plessey v. Fergussen's separate-but-equal standard was a superprecedent with a long, multiply-reaffirmed history before, it you know, wasn't.

digg this
posted by Ace at 07:49 PM

| Access Comments

Recent Comments
Victor Tango Kilo: "The viking version of this would be so much cooler ..."

DB - : "Fetterman's handlers have a TwitterX account th ..."

[/i][/b]andycanuck (krqg6)[/s][/u]: "Justin's next trip to India! ..."

Cicero (@cicero43): "At least they gave grandpa a sheet. ..."

Victor Tango Kilo: "[i]Trump isn't inevitable. The collapse and breaku ..."

BruceWayne: "The otters have been culled. Posted by: Bulgaroct ..."

Huck Follywood: "the yellow, blue and ochre coloring screams "India ..."

[/i]blaster: "Three little men in that boat. ..."

redridinghood: "Bucket List? ..."

Skip : "Well would be a better painting if they were Vikin ..."

Sponge - F*ck Joe Biden: "NOODlum. ..."

Joe Mannix (Not a cop!): "Huh. Odd YouTube preroll ad just now. A pretty ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64