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Bench Memos

NRO’s home for judicial news and analysis.

Hatch on Alito and Precedent



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Senator Hatch has taken the Senate floor to set the record straight about Judge Alito’s testimony on stare decisis and precedent. Precedents are not “an inexorable command” but are entitled to serious weight and consideration. As Judge Alito said, no one would want a rule of constitutional law that once the Supreme Court had decided a constitutional issue, it could never be revisited.

Senator Hatch delightfully characterized the attitude of the pro-abortion, anti-Alito crowd to the subject of respect for prior precedents as a “judicial version of ‘Heads I Win, Tails You Lose.’”



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