Wednesday, January 11, 2006

Stare Decisis? We don't need no stinking Stare Decisis

The title means "let the decison stand." The argument fallacy sported by the flat-earth senators Brownback and Coburn (the latter one of my relatives, if distant)is one of the false-comparison variety. Arguing that the precedent back in the late 1800s, Plessy v. Fergason, was wrong and overturned by Brown v. Board of Education, and thus, the precedent was wrong and changed, so, are others e.g. Roe v. Wade. Which is their darling. This is akin to arguing self-publication in another era is the same as now. It isn't. It's also the overgeneralization fallacy as well: If one law can be overturned so can any. Few laws are amended to go backwards into limitation of personal choices and freedom. This particular freedom they want to eliminate from the pulpit. There's plenty of historical precedent for this too.


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