[eDebate] Cases v. Areas

Caitlin Ryan ryancait
Mon May 29 00:35:09 CDT 2006


okay - can list supporters suggest wordings that would resolve the
ambiguity of what "overruling a decision" means?  absent a different
type of topic (overrule a test or statute instead of a case), this
problem seems like an important one to deal with.  my problem isn't
necessarily just "cases can be overruled for different reasons," but
that there are many different views of what "overrule" means, and not
dealing with this problem now could just make it really annoying
later.

the example stefan gave was overruling korematsu - there are parts of
the holding that we want to overrule, like the part that said it's
cool to intern people.  but there are also parts that we don't want to
overrule, like the part that said race-based classifications should be
evaluated with strict scrutiny or the part that says the court has the
jurisdiction to hear the case (because if the court decided it didn't
have jurisdiction to hear the case, then overruling the part of the
decision that says it's cool to intern people would just be dicta and
irrelevant). so yes, korematsu could be overruled on equal protection
grounds, or due process, or maybe because it's not in the president's
power, or for whatever reasons one might want to overrule the
decision; the question is, what constitutes "the decision"?

this might just not be as big a problem as i think that it is,
depending on what cases are chosen for the list etc, but i think
there's just the possibility of writing in some unintended and really
annoying PIC ground into the resolution that should be looked at
carefully.

caitlin

ps also like the idea of a presidential powers case if it's a list,
but i agree w/ a.reed that a topic with one area doesn't seem to be
the direction we're moving in, so we shouldn't include it as just area
that could be a topic in-and-of-itself in a list of areas.  i also
think the death penalty as an area or case should be attractive for
people who want an area that encompasses both rights-ish impacts and
bigger relations-type impacts.





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