What if a Court had stuck to its precedent?

Supreme Court justices need a healthy respect for past precedents. But sometimes, precedent is so bad it simply has to be overturned.

The court did just that last month in the case of Knick v. Township of Scott. The court delivered a victory for champions of property rights by overturning a 1985 precedent that had blocked property rights cases from federal courts.

This overturning of an older decision sparked a vigorous public debate. Two Supreme Court justices staked out opposing positions: Elena Kagan warned against a rush to overturn precedents, while Clarence Thomas suggested older decisions that are in fact wrong should be changed.

We should welcome this debate because it highlights the judiciary’s duty to correct its own mistakes and to ensure that our constitutional rights are properly and fully protected.

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