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View Diary: Extremist Conservative Legal Reasoning on Abortion Rights (269 comments)

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  •  Lochner (none)
    was never mainstream. But even if it was, it isn't now.

    Griswold however . . .  

    The SCOTUS is Extraordinary.

    by Armando on Mon Aug 08, 2005 at 03:25:12 PM PDT

    [ Parent ]

    •  haha (none)
      Why wasn't Lochner mainstream?  Because you said so?  Lochner was good law for about 30 or so years (until about late 30s).  That means it was settled, accepted law that enjoyed the force of precedent and stare decisis.

      Griswold has been good law for around 40 years.  It enjoys the force of precedent and stare decisis.  They are exactly the same in terms of their history.

      •  Lochner (none)
        was not mainstream because it was a ruling pulled out of thin air. It comes from no tradition of case law that supports it. It is such a departure from previous law, and draws conclusions that are wholly and solely policy driven.

        The same is not at all true of Griswold.

        The SCOTUS is Extraordinary.

        by Armando on Mon Aug 08, 2005 at 03:38:40 PM PDT

        [ Parent ]

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