The Supreme Court is too important in our day to day lives. Part of the judiciary, its main function is to be the final arbiter on laws passed by state legislatures. When the laws are challenged and have conflicting rulings in the appeals courts, they can then be taken up by the Supreme Court.
Early on in our nation’s history, the courts were made up of men who typically had a belief in God, an understanding of the limited role of government, and their primary job was to ensure the Constitutionality of legislated laws. This lead to less importance of the court as radical laws were handled in the lower courts, not making it up to them to rule on.
As the court would make their rulings they created what is referred to as precedent, which they would refer back to when similar cases would make it to them. This was done to help standardize their rulings.
Introducing the term – Stare Decisis – Latin for “to stand by things decided”. The legal principle of determining points in litigation according to precedent. When applied to sound legal rulings, it works great. When the court upholds egregious decisions, it acts as a huge hurdle for future courts to try to overcome.
From Fox News
The Supreme Court on Monday ruled that a Louisiana law requiring that individuals who perform abortions at clinics have admitting privileges in a nearby hospital is unconstitutional, as it places an undue burden on women seeking abortions.
The court ruled 5-4 in the case, June Medical Services LLC v. Russo, with Chief Justice John Roberts once again casting a deciding vote by siding with the court’s liberal justice.
Breyer noted that the District Court found that the law “offers no significant health benefit” and that “conditions on admitting privileges common to hospitals throughout the State have made and will continue to make it impossible for abortion providers to obtain conforming privileges for reasons that have nothing to do with the State’s asserted interests in promoting women’s health and safety.”
Chief Justice Roberts had dissented in the 2016 case and said in a concurring opinion that while he still believes that the past case was wrongly decided, he was ruling with the majority in the present case due to court precedent.
“The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike,” Roberts wrote. “The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”
The ruling was met with fierce criticism from conservatives.
In dissent, Justice Clarence Thomas wrote, “Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction.”
Thomas claimed that those performing abortions do not have the standing to challenge laws on the basis that they restrict the ability to get an abortion because it is not their rights that are at issue, but their potential patients’.
Thomas went on to flatly state that “abortion precedents are grievously wrong and should be overruled.”
Jeanne Mancini, president of March for Life, said her organization was “appalled” by the Supreme Court’s decision. “The legislation at issue in June Medical Services v. Russo was designed to safeguard women’s health and safety, which the abortion business in Louisiana egregiously sidelined for the sake of profit,” Mancini said in a statement. “No abortion facility should receive a free pass to provide substandard care.”
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Is abortion such a feared political issue that it will be shielded by Stare Decisis forever? If so, the worst Supreme Court decision will never be corrected, for political expediency, costing millions of more unborn babies their lives. The more we know about the unborn, the more progressives push to have them killed. Not what anyone who died fighting for our freedoms, could have imagined. Vote for life on November 3rd.
Conservative independent talk show host and owner of https://MAGABOOK.com. USMC Veteran fighting daily to preserve Faith – Family – Country values in the United States of America.
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