Today on Uncommon Knowledge, Mr. Justice Antonin Scalia and the doctrine of stare decisis, of upholding precedent.

To embrace the originalism of Justice Scalia is to insist that one Supreme Court decision after another over the last half century was simply—and, often enough, outrageously—incorrect. What does Justice Scalia propose to do about all those mistakes now? Toss them and start over?

“By and large I am not urging that we rip out all of the mistakes made over the last fifty years….If [a decision] was plausible when [it was] announced, if it was generally accepted, and if I can work with it as a judge, which is to say as a lawyer…then I will accept it.

“On the other hand, let us take Roe v. Wade. It is a bad opinion. It was controversial from the outset and remains so. But thirdly and most importantly, it does not permit me to function as a lawyer.”

To watch Justice Scalia’s explanation in full, click here.