Gonzales: High Court Not Bound by Roe v. Wade
WASHINGTON – The legal right to abortion is settled for lower courts, but the Supreme Court “is not obliged to follow” the Roe v. Wade precedent, Attorney General Alberto Gonzales said Tuesday as the Senate prepared to consider John Roberts’ appointment that would put a new vote on the high court.
In an interview with The Associated Press, Gonzales said a justice does not have to follow a previous ruling “if you believe it’s wrong,” a comment suggesting Roberts would not be bound by his past statement that the 1973 decision settled the issue.
It’s unclear why Alberto Gonzales is being questioned on this, but I link this story because the fact that it is presented as news is appalling; James said it as well as it can be said: “While stare decisis [to stand by what is decided] is at the heart of the Common Law system, it should not constrain Supreme Court Justices from reversing obvious error in Constitutional interpretation. The Constitution, not the body of Court rulings, is the supreme law of the land.”
In other words, every sentient being in America should understand that the “high court is not bound by Roe v. Wade,” just as they are not bound by any other Supreme Court decision. The Constitution is sovereign, not the Court.
James’ original post here: How Much Should Precedent Bind Judges.