Former law clerk for Justice Gorsuch: Liberals have no problem when judges overturn conservative precedent
Former law clerk for Justice Gorsuch Mike Davis on SCOTUS ending federal abortion rights.
A former law clerk for Supreme Court Justice Neil Gorsuch slammed the backlash against the Supreme Court’s decision to overturn Roe v. Wade, explaining that the importance of legal precedent is never mentioned when conservative cases are overturned.
"These Supreme Court justices consistently say that they're going to follow precedent. And the law of precedent includes evaluating precedent to determine whether the precedent is right. These liberal politicians don't have any problem when liberal judges overturn conservative precedent … they only seem to cry about precedent when one of their cases gets overturned," said Mike Davis told "America Reports" on SCOTUS reversing federal abortion rights.
Davis reacted to Sen. Susan Collins, R-Maine, claiming that the "Supreme Court has abandoned a 50-year precedent at a time that the country is desperate for stability." Collins said Justices Gorsuch and Kavanaugh have not been "consistent" with what they told her about respecting long-standing judicial precedents.
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Pro life women celebrate following Supreme Court's decision to overturn Roe v. Wade, outside the Supreme Court in Washington, Friday, June 24, 2022. (AP Photo/Gemunu Amarasinghe)
The Supreme Court on Friday overturned Roe v. Wade, effectively ending recognition of a constitutional right to abortion and giving individual states the power to allow, limit, or ban the practice altogether.
The ruling came in the court's opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi asked the Supreme Court to strike down a lower court ruling that stopped the 15-week abortion ban from taking place.
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Davis said the Roe v. Wade decision was "clearly wrong."
"If you look at the 13th, 14th and 15th Amendments, those were passed out after the Civil War. It was to end racial discrimination and slavery in this country. It had nothing to do with abortion. Liberal judicial activists nearly 50 years ago invented the Roe versus Wade … this right to privacy is large enough to encompass abortion. And they took abortion regulations out of the democratic process, and they made it more contentious than it needed to be," Davis said.
"If you don't like abortion regulations, move to California. If you don't like COVID regulations, move to Florida."
Fox News' Ronn Blitzer, Kelly Laco contributed to this report.
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