Stare decisis et non quieta movere

Definition: Stare decisis et non quieta movere =  to stand by decisions and not disturb the undisturbed. (Thank you, Wikipedia!) One recalls with a certain bitter nostalgia the bravura performance of Mr. John Roberts before the Senate Committee defending the sanctity of stare decisis. He was, in fact, a more respectable version of Mr. Robert Bork, the maladroit ‘Originalist’ who failed to charm the very same committee, even though he used all his Neo-Confederate whiles. But, unsurprisingly, Mr. Roberts shares with Mr. Rehnquist a stated belief in ‘Federalism’, while both really held to and practiced a reversal of the liberal political agenda through judicial fiat. Should the decision in Citizens United surprise? Should one have expected more criticism from the respectable but utterly docile American Press? Or is this really ‘The United States of Amnesia’ ?  (Mort Sahl -Gore Vidal)

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About stephenkmacksd

Rootless cosmopolitan,down at heels intellectual;would be writer. 'Polemic is a discourse of conflict, whose effect depends on a delicate balance between the requirements of truth and the enticements of anger, the duty to argue and the zest to inflame. Its rhetoric allows, even enforces, a certain figurative licence. Like epitaphs in Johnson’s adage, it is not under oath.' https://www.lrb.co.uk/v15/n20/perry-anderson/diary
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