The Five on SCOTUS: 'Unjust' Decisions Can Be Overturned, But 'Americans Prize Stability in Law'
The Five reacted to Democrats promising to obstruct President Donald Trump's Supreme Court nominee despite not yet having a name.
They also discussed whether the Democrats or Republicans have standing when they voice their concerns regarding the abortion decision Roe v. Wade being overturned by an originalist court.
"Americans prize stability in the law," Juan Williams said. "We are a nation based on law."
Williams said that the country usually practices respecting established law once it is "settled" but that there are exceptions.
He said the 1896 Plessy v. Ferguson decision by the Melville Fuller-led Supreme Court was one such case.
The case upheld the Constitutionality of state racial segregation laws and established the "separate but equal doctrine."
Justice John Marshall Harlan, an appointee of President Rutherford Hayes, was the lone dissenter in the case, , which stood until it essentially was overturned by Brown v. Board of Education in 1954.
"If a judicial decision is wrong, they should overturn it," Tom Shillue said, not referencing a particular case. "It doesn't matter how long it's been on the books."
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Jason Chaffetz added that it is unfortunate that the Democrats seem poised to vote against Trump's nominee, regardless of that person's judicial experience or ideology.