[eDebate] Seth Gannon in search of a link card

[Stefan Bauschard]

http://www.scotusblog.com/movabletype/archives/2006/08/ask_the_author_3.html

Q: Thanks for taking questions. The book was great. 

Under your theory, it seems that US v Morrison (holding that Congress lacked the power to enact the Violence Against Women Act) was a huge failing of the Court, taking the issue away from the democratically accountable actor and striking down a statute that had public, congressional, and state attorney general support.

Now that the decision has been made: when do these democratic concerns become more important than stare decisis? If you were on the Court now, would you overrule Morrison or is the strength of precedent more important?

-Seth Gannon

(Answer on the blog)