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GJOFJ3 · 61-69, M
@LeopoldBloom Gorsuch said Casey is “settled law in the sense that it is a decision of the U.S. Supreme Court,” due the weight of precedent “which is quite considerable.”
Precedent is “the anchor of the law” and “the starting point” for a judge, Gorsuch said during his hearing. However, “there are instances when a court may appropriately overrule precedent after considering a lot of factors,” he added.
While Gorsuch and Kavanaugh said Roe v. Wade is precedent, that doesn’t mean the decision can’t be overturned.
Hon. John M. Walker, Jr., Senior Circuit Judge, United States Court of Appeals for the Second Circuit, wrote in a 2016 commentary for Stanford Law School that the Supreme Court may overturn its own precedent and cited several examples of when the court has done so in the past.
Precedent is “the anchor of the law” and “the starting point” for a judge, Gorsuch said during his hearing. However, “there are instances when a court may appropriately overrule precedent after considering a lot of factors,” he added.
While Gorsuch and Kavanaugh said Roe v. Wade is precedent, that doesn’t mean the decision can’t be overturned.
Hon. John M. Walker, Jr., Senior Circuit Judge, United States Court of Appeals for the Second Circuit, wrote in a 2016 commentary for Stanford Law School that the Supreme Court may overturn its own precedent and cited several examples of when the court has done so in the past.