Dobbs Sentences #210: Part III

As always, you can find the Dobbs v. Jackson decision here.

Paragraph 2 of 8

Sentence 2 of 6

Just one claim in this sentence:

“It has been said that it is sometimes more important that an issue ‘“be settled than that it be settled right.”’ Kimble, 576 U.S., at 455 (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., dissenting)).”

The claim without the citations:

  • “It has been said that it is sometimes more important that an issue ‘“be settled than that it be settled right.”’

Let’s look at page 406 of Burnet:

“Stare decisis is usually the wise policy, because, in most matters, it is more important that the applicable rule of law be settled than that it be settled right. Compare National Bank v. Whitney, 103 U. S. 99, 103 U. S. 102. This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation.

There it is! It has been said! I have to admit, though, that as I’m reading it I also hear Donald Trump’s refrain of “some people are saying. . . .” Okay, so Justice Brandeis made this assertion. How true is it?

That’s a future issue. Right now I just need to acknowledge that this claim in Dobbs is true:

  • “It has been said that it is sometimes more important that an issue ‘“be settled than that it be settled right.”’

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