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Originally Posted by dynalow
Oldest and well esablished princilpes yes. Inviolate? Of course not. If the Constitution is to be a "living, breathing document", shouldn't the Courts decisions be subject to it's own review and revision as circumstances warrant?
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Absolutely, but that's not what I'm talking about. Based on legal traditions older than this country, courts have given deference, to varying degrees, to cases decided in the past. That does not mean that courts shouldn't overrule cases when appropriate, but they should give some degree of deference to prior decisions. Justice Thomas, according to Justice Scalia, has decided on his own that he need not adhere to that time-honored principle.
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I agree with that, but the cynic in me feels that race played a role in some of the opposition.
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I agree. It also played an important role in getting him nominated.