In 1932 Justice Brandeis said it is “more important that the applicable rule of law be settled than that it be settled right."
Brandeis' reasoning also applies to precedents.
What does the bolded part mean in layman's terms? I understand the words but I think my interpretation of it is likely different than what a lawyer or judge means by it.
EDIT: Just realized you had bolded your last line... So I am asking about the "In 1932..." line. Thanks for explaining.
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I included 1932 because it was a mere 5 years before 1937, the year
West Coast Hotel Co. was decided, the case in which the court adopted Justice Harlan's 1905 dissent in
Lochner.The end of the
Lochner Era in 1937 marked the beginning of significantly greater judicial deference to acts of Congress, particularly those that regulated and affected the economy.
The rejection of
Lochner is of great relevance to this thread because many of today's judges and justices view it as a turning point in the Court's judicial philosophy, a change in opposition to the activist, reactionary interventions of the pre-1937 Court.
Of singular relevance to the latest challenge to the ACA, which will be heard just weeks from now, is the fact that C.J. Justice Roberts views
Lochner as one of the Court's worst opinions.
In the initial challenge to the ACA Roberts' judicial restraint reflected his distaste for
Lochner and will do so again when he decides whether or not
stare decisis should apply to the ACA's latest challenge.