Author: George Will

Who were the real conservatives in the Supreme Court’s fight over what counts as ‘watershed’?

Writing for the majority, Justice Brett M. Kavanaugh said that the Ramos rule was “new,” and the court has refused to retroactively apply other momentous new rules. Kavanaugh emphasized that in 1989 the court said it was “unlikely” that new watershed “components of basic due process” would emerge. In 32 years, “the Court has never found” any such new rule.

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