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Bench Memos

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Lautenberg and “Settled Law”



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Senator Lautenberg professed shock at Judge Alito’s answer when asked if “the right to choose is, quote, settled law.”

According to Lautenberg, the answer is “a no brainer. Of course it’s settled law. It’s been on the books for 33 years!” According to Lautenberg, “you don’t have to go to law school to figure that one out!”

When asked if Plessy v. Ferguson was “settled law” in 1954, Lautenberg surely said, “That’s a no brainer: it’s been on the books for 60 years!”



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