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by whatshisface
2845 days ago
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Precedent should speak over the individual whims of judges, but not over the law. If you have a convincing argument that the law says a certain thing, regardless of whether or not that argument was discovered the last time around that's how you should rule. The consistency of rulings and the law is more important than consistency between one ruling and another. Orthogonally, it is also the case that precedent is more important than the individual political will fulfillment of judges. The two statements don't contradict at all. |
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