Law professor says Supreme Court unlikely to overturn precedent

Law professor says Supreme Court unlikely to overturn precedent

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LUBBOCK -

President Trump's nominee for the Supreme Court, Judge Brett Kavanaugh, may be a tough sell for Senate confirmation.

Democrats and liberal super-pacs are blowing ten million dollars to highlight key issues like health care and women's rights.

"I stand for the sanctity of life, this administration, this president are pro-life, but what the American people ought to know is that as the president said today, this is not an issue that he discussed with Judge Kavanaugh, I didn't discuss it with him either." Vice President Pence, said. "What we really focused on is the character, the background, the credentials and the judicial philosophy."

According to Vice President Pence, Judge Kavanaugh is a constitutional conservative.

But, Cassie Christopher, an associate professor at Texas Tech's School of Law, said the nomination isn't surprising.

"I don't think anyone doubts that Judge Kavanaugh is on the conservative end of the spectrum, though I think it's impossible to guess for sure how he will vote on any case that comes before the Supreme Court. We've in the past by all of the justices," Christopher said.

Nancy Pelosi, House Minority Leader, said Judge Kavanaugh gave a speech where he commended former Justice William Rehnquist for his disagreement with the majority in Roe vs. Wade.

"Judge Kavanaugh's comments make abundantly clear that he will expansively rule against women's reproductive rights and freedoms and move to destroy Roe vs. Wade," Pelosi added.

But in order for a case to reach the Supreme Court, it must grant a writ of certiorari. Or permission to argue before the court.

"The Supreme Court cannot start making decisions it can only answer questions that are put to it," Christopher clarified.

She added, it's unlikely the Supreme Court would overturn precedent.

"As soon as the Supreme Court does overturn a previous case it leaves the rest of the country to wonder, 'Well what else has the Supreme Court said that doesn't believe in anymore,'" Christopher said. "So it's part of keeping the court legitimate that it not overrule itself unless it's absolutely necessary."

Christopher said it's impossible to say when issues like abortion and LGBTQ rights will reach the Supreme Court next.

Judge Kavanaugh's first testimony before the Senate's Judiciary Committee hasn't been scheduled yet.

The panel is split between eleven republicans and ten democrats.
 

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