Bloomberg Law
Jan. 16, 2019, 4:47 PM UTCUpdated: Jan. 16, 2019, 7:25 PM UTC

Kavanaugh Again Shows Concern for Overturning Precedent (1)

Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter

Justice Brett Kavanaugh appeared hesitant to overturn a decades-old ruling that’s been highly criticized by those on the right, the second time in a month he’s expressed concern with the prospect of overturning precedent.

The U.S. Supreme Court needs more than just the fact that a decision is wrong to set it aside, Kavanaugh said during oral argument Jan. 16 in a dispute over a municipality’s right to take private property for the greater public good.

There also needs to be some “special justification” for doing so, he added.

Kavanaugh is likely the determining vote as an eight-member court already ...

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