Long-Serving Judge Announces Retirement After Distinguished Career

Judge David Tatel’s retirement from the D.C. Circuit Court of Appeals was a significant moment for American jurisprudence. His departure prevented potential impeachment and avoided his possible appointment to the Supreme Court. Now, as he prepares to publish his memoir, his controversial views are coming to light.

Background on Judge David Tatel

Appointed by President Bill Clinton in 1994, Judge David S. Tatel served on the Court of Appeals for the District of Columbia Circuit for twenty-eight years, succeeding Ruth Bader Ginsburg. In May 2022, he assumed senior status, reducing his workload and exempting him from en banc hearings. By June 2023, Tatel decided to retire permanently and rejoined his previous law firm, with his retirement becoming effective in January 2024.

Tatel’s Memoir and Allegations

Last Friday, Newsweek reported on Tatel’s upcoming memoir, citing an interview with The Washington Post. During this interview, Tatel made several serious allegations against the United States Supreme Court. Ironically, these accusations seem more applicable to the Court of Appeals for the District of Columbia where he served.

Tatel’s View on Precedents

Tatel’s respect for judicial precedents appears selective. While he dismisses decisions like Scott v. Sandford and Plessy v. Ferguson, he staunchly defends others such as:

• US v. Miller (1939)
• Everson v. Board of Education of Ewing (1947)
• McCollum v. Board of Education of School District 71 (1948)
• Engel v. Vitale (1962)
• Abingdon School District v. Schempp (1963)
• Lemon v. Kurtzman (1971)
• Roe v. Wade (1973)
• Wallace v. Jaffree (1985)
• Lee v. Weisman (1992)
• Santa Fe Independent School District v. Doe (1995)
• National Federation of Independent Businesses v. Sebelius (2012)
• Obergefell v. Hodges (2015)

The Supreme Court’s Shift in Precedents

The Supreme Court’s 2021 Term saw significant changes as many precedents were overturned or challenged:

• Roe v. Wade was overruled by Dobbs v. Jackson Women’s Health Organization.
• Everson v. Board of Education of Ewing was overturned by Carson v. Makin.
• Lemon v. Kurtzman was overruled by Kennedy v. Bremerton School District, setting the stage for further challenges to related precedents.
• The decision in New York State Rifle and Pistol Association v. Bruen (though not directly overturning US v. Miller ) challenged state firearms regulations.
• Justice Clarence Thomas suggested revisiting precedents based on “substantive due process,” including Obergefell v. Hodges.

The 2022 Term Developments

The Supreme Court continued its trend in the 2022 Term by weakening or striking down additional precedents:

• The two Students for Fair Admissions cases overturned Bakke and Bollinger.
• The case of 303 Creative v. Elenis (targeting compelled speech) overturned several precedents enforcing Woke-ism.

This shift represents a rollback of nearly fifty years of liberal dominance in federal jurisprudence, particularly at the appellate level, beginning with Roe v. Wade.

Source: Conservative News and Views