Kavanaugh: Whether Precedent Is ‘Grievously Wrong,’ ‘Real World Consequences’ Are Factors in Precedent Evaluation

During his confirmation hearing on Tuesday, Supreme Court nominee Judge Brett Kavanaugh discussed his criteria for evaluation precedent and stated that whether a precedent is “grievously wrong,” “deeply inconsistent with other legal principles that have developed around it,” the consequences of the precedent in the real world, and the reliance interest around a precedent are important factors.

Kavanaugh said, “I think you start with principles that the Supreme Court itself has articulated about precedent, and those principles look at, of course, whether the decision is wrong — grievously wrong, whether the decision’s inconsistent — deeply inconsistent with other legal principles that have developed around it. You look at the real world consequences. … You look also, at the reliance interest.”

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