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Justice Alito Made Biden’s Solicitor General Defend Racist SCOTUS Precedent <i>Plessy<i/> President Joe Biden’s solicitor general defended an egregious Supreme Court precedent that upheld state-imposed racial segregation during oral argument in the abortion case Dobbs v. Jackson Women’s Health Organization on Wednesday.
U.S. Solicitor General Elizabeth Prelogar argued that Planned Parenthood v. Casey rightly upheld Roe v. Wade in accordance with stare decisis , or binding precedent, saying that if the justices had overturned Roe based solely on the belief that it was wrongly decided, that would have been detrimental to the rule of law. This led Justice Samuel Alito to press the Biden appointee on erroneous precedents.
“Is it your argument that a case can never be overruled simply because it was egregiously wrong?” Alito asked, to which Prelogar said states would at least have to have come forward with materially new arguments or circumstances that warrant overruling.
“Really? So suppose Plessy v. Ferguson was re-argued in 1897, so nothing had changed,” Alito postulated, referring to the atrocious case that had enshrined state-imposed racial segregation just one year prior in 1896. “Would it not be sufficient to say, ‘That was an egregiously wrong decision on the day it was handed down, and now it should be overruled’?”
Prelogar conceded that “it certainly was egregiously wrong on the day that it was handed down,” but refused to say it should have been overturned simply on its merits if nothing else had changed. Instead, she appealed to later Supreme Court precedent in Brown v. Board of Education in 1954, which ruled that racial segregation in government schools violated the Fourteenth Amendment and overturned Plessy .
“So is it your answer that we needed all the experience from 1896 to 1954 to realize that Plessy was wrongly decided?” Alito asked, doubling down on his original question.
Prelogar once again acknowledged that the case was wrong but pointed to Brown v. Board as the remedy, saying that all the factors of stare decisis would have resulted in Plessy inevitably being overturned because that decision “[ran] counter to any notion of reasonable reliance” and was “not a workable rule.”
One Sick Day Proves We Need More Voices in Truthful Media
On October 19, I was sick. It crossed my mind that I had finally gotten the ‘rona, but my wife’s cream of chicken soup and a few extra hours of sleep into mid-afternoon had be back up and running after a sleepless night before.
When I finally stumbled over to my computer in the evening, I was met with a deluge of concern from readers. They asked what had happened as only one article had been posted that day. Generally, we post between 10-20 daily between all of the sites, not included curated and aggregated content. Seeing that we’d only posted my super-early morning article before taking the rest of the day off had readers assuming the worst.
We have a wonderful and talented group of writers who volunteer their time for the sites and their readers. Sharing their amazing perspectives has always been a blessing to us because we cannot afford to hire anyone at this time. But having great writers is meaningless if we don’t have great editors, or at least one additional. My wife helps me read and edit stories from time to time, but I’m a one-man show when it comes to getting the stories posted.
Whenever I highlight our desperate need for donations, I note that we do not receive money from Google ads even though most in conservative media are beholden. I often ambiguously note that the money donated will help us grow. Today, I’m highlighting a specific need. We must get an editor to help take some of the load and to expand on our mission of spreading the truth to the world. One sick day proved that.
The great news is that there is no shortage of people who CAN help. I am emailed variations of resumes every week by people who are much smarter than I am. As much as I’d love to hire some of them, we simply cannot. That takes money and as blessed as we’ve been to receive donations and collect ad money (though not from Google or Facebook), we have still fallen short.
Those who have the means, PLEASE consider donating. We have the standard Giving Fuel option and people can donate through PayPal. We are also diving into what we believe is extremely disruptive technology at LetsGo.finance, the world’s first major donation portal for crypto. I’ll be talking a lot more about them in the near future. Those who prefer Bitcoin can send to my address here: 3A1ELVhGgrwrypwTJhPwnaTVGmuqyQrMB8
We can get the voices out there and we’re willing to shine a spotlight on new talent. We just need the resources to make it happen. If you can help, we would be extremely grateful.
Thank you and God bless!