Brian Brown Fails History and Con Law

Brian Brown Fails History and Con Law January 10, 2016

SMegyn Kelly brought on Brian Brown from the National Organization for Marriage to talk about Roy Moore ordering probate judges in Alabama to ignore the Supreme Court’s ruling in Obergefell. He quickly revealed himself to be either an ignoramus or a liar, take your pick. He repeatedly claimed that Abraham Lincoln said the Dred Scott ruling should be ignored. He in fact did the opposite of that. Video first:

He’s flat wrong about Lincoln. Lincoln said that he believed the court was wrong, but that the decision must be followed until it is overturned:

Judicial decisions have two uses—first, to absolutely determine the case decided, and secondly, to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called “precedents” and “authorities.”

We believe, as much as Judge Douglas, (perhaps more) in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this. We offer no resistance to it

Kelly is just rolling her eyes at him by the end of the interview.

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