[eDebate] Seth Gannon in search of a link card
Fri Sep 1 23:56:28 CDT 2006
Q: Thanks for taking questions. The book was great.
Under your theory, it seems that US v Morrison (holding that Congress lacked the power to enact the Violence Against Women Act) was a huge failing of the Court, taking the issue away from the democratically accountable actor and striking down a statute that had public, congressional, and state attorney general support.
Now that the decision has been made: when do these democratic concerns become more important than stare decisis? If you were on the Court now, would you overrule Morrison or is the strength of precedent more important?
(Answer on the blog)
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