- Jan 12, 2012
- 27,286
- 113
Precedent is important when there are 2 equally valid ways to decide a case (which can be fairly frequently). Much less so when the precedent is unsound.
Very true, especially when the precedent in question was set by an activist court totally indifferent to the text and intent of the Constitution like there was after Red Frank got done packing the court by the time of World War II.