Opinion: Yes, the court has ignored precedent before, but never to take away a constitutional right
During Brett Kavanaugh’s 2018 Senate confirmation hearing for a seat on the U.S. Supreme Court,“can be overturned.” “It is settled as precedent,” Kavanaugh responded, and “has been reaffirmed many times over the years, as you know.” He didn’t answer the question, but he seemed to affirm the lasting power of previous court decisions.
So far, some 59 Supreme Court cases expressly overruled prior decisions on constitutional grounds by votes of 5-4 or 6-3, the kind of narrow split that is most likely in thecase. Of those 59, only a handful arguably fall in the category of restricting—versus expanding—individual rights.
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