Thursday, May 28, 2009
Is she pro-choice? Is she not?
Already this is circulating because Judge Sotomayor has not written an abortion opinion. Guess what? In a Roe v. Wade world, there aren't many questions on this that come up! The proper question is not how would you rule on an abortion case but how do you view stare decisis, i.e., court precedent? It takes a fundamental sea change a la Plessy v. Ferguson (separate but "equal") for a sitting court to overturn long-settled precedent.