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During the semester, I shall post course material and students will comment on it. Students are also free to comment on any aspect of American politics, either current or historical. There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges. This blog is on the open Internet, so post nothing that you would not want a potential employer to see. Syllabus: http://gov20h.blogspot.com/2023/08/draft-introduction-to-american-politics.html

Sunday, October 7, 2018

Collin's Speech Hurt Survivors, Reproductive Rights, and Women

Here is the link to a full transcript of Susan Collins' speech.

The following are excerpts of her speech that mention the constitution:

"There has also been considerable focus on the future of abortion rights based on the concern that Judge Kavanaugh would seek to overturn Roe v. Wade. Protecting this right is important to me. To my knowledge, Judge Kavanaugh is the first Supreme Court nominee to express the view that precedent is not merely a practice and tradition, but rooted in Article 3 of our Constitution itself. He believes that precedent is not just a judicial policy, it is constitutionally dictated to pay attention and pay heed to rules of precedent. In other words, precedent isn’t a goal or an aspiration. It is a constitutional tenet that has to be followed except in the most extraordinary circumstances."

"The judge further explained that precedent provides stability, predictability, reliance and fairness. There are, of course, rare and extraordinary times where the Supreme Court would rightly overturn a precedent. The most famous example was when the Supreme Court in Brown vs. The Board of Education overruled Plessy vs. Ferguson, correcting a “grievously wrong decision” to use the judge’s term, allowing racial inequality. But someone who believes that the importance of precedent has been rooted in the Constitution would follow long-established precedent except in those rare circumstances where a decision is grievously wrong or deeply inconsistent with the law. Those are Judge Kavanaugh’s phrases."

Collin's addresses the fears from Democrats about the possibility of overturning Roe v. Wade, limiting the reproductive rights of women in America. Collins tries to quell the liberal's fear by defending Kavanaugh's firm belief in stare decisis. Kavanaugh cites article III of the constitution as the basis for his belief in precedent, however, such an interpretation requires a loose interpretation of the constitution, not a strict interpreter. Albeit, Kavanaugh has affirmed that he shares a deep reverence for the practice of precedent, but he, along with any other Supreme Court Justice, is not invulnerable against political influences and agendas. Trump, whom values loyalty when he selects his nominations, might pressure Kavanaugh to base his court decisions along political lines in order to fulfill Trump's agenda—one of which is to overturn Roe v. Wade.

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