Constitutional Law
Sep. 19, 2022
Overturning precedent endangers Court's legitimacy, Sotomayor says
“Right now, each time the court upholds precedent it does create discomfort in the society. That’s because people want to believe in civil rule,” U.S. Supreme Court Justice Sonia Sotomayor said. She acknowledged, however, “Sometimes we overturn precedent because the legal reasoning of cases has shifted ….”
SAN DIEGO — The U.S. Supreme Court’s legitimacy is in danger when it overturns precedent, Justice Sonia Sotomayor said in a video interaction during the Lawyers Club of San Diego 50th anniversary event, moderated by 9th U.S. Circuit Court of Appeals Judge Margaret McKeown.
“It is not unusual for constitutional doctrines to be changed,” Sotomayor said Thursday, addressing the recent decision on abortion as “elephant in the room.”
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