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Legitimacy of the Court? [1]
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Date: 2022-09-14
Short and sweet here:
In fact, our members do a great job of criticizing some opinions from time to time. But simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the court. --John Roberts
Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people's elected representatives. --Samuel Alito, in Dobbs
This is why stare decisis is so important.
The court didn’t just criticize a decision. It criticized the fundamental capacity of the previous court in its use of reasoning. And then it decided, explicitly, to take into account political considerations in deeming that the previous legal reasoning flawed (“enflamed debate and deepened division”).
It is completely legitimate to question the legitimacy of a court that questions the legitimacy of itself.
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