Breyer Denounces Ruling That Strikes Precedent, Questions Which Cases Are Next
Justice Stephen Breyer accuses his colleagues of encouraging lawyers to challenge settled law. His dissent came in a case Monday that struck down 40-year-old precedent.
May 13, 2019 at 12:11 PM
4 minute read
U.S. Supreme Court Justice Stephen Breyer on Monday warned that his colleagues may be poised to overturn court precedents in upcoming cases in ways that will sow “increased uncertainty” about the court's consistency.
Joined by liberal colleagues Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, Breyer dissented in Franchise Tax Board of California v. Hyatt, a state sovereignty case in which the 5-4 majority explicitly overturned a 40-year-old precedent, Nevada v. Hall.
The California case is one of at least four in which the court is being asked to overturn precedents this term.
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