And impeach the president: The political and economic blog of a strict constitutionalist.

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Tuesday, June 29, 2010

Questions for Kagan

These are questions for Kagan.

On PBS News Hour, you were quoted as saying that you consider a prior decision by the supreme court to be a fixed decision, and that we must honor the prior decisions as a fundamental point of our legal system. "Once the court has decided a case, it is binding precedent, and I think that is an enormously important principle of the legal system, that one defers to prior justices or prior judges who have decided something,  and that its not enough, even if you think something is wrong, to say "oh well, that decision was wrong, they got it wrong"

Based on this, I have these questions.

1. Should "Separate but equal" have been overturned?
2. Should Austin have been overturned by Citizen's United?

3. To what extent do you consider any past issue, no matter how badly determined, to be open for re-examination?

4. Where do you see the boundary between the legislative authority of the legislative branch of government, as set in article one, and the judicial authority of the courts to create new rules?