It's a centuries-old legal principle stating that judges should defer to past interpretations of statutes and the Constitution. It comes from the Latin expression stare decisis et non quieta movere, ...
Analysis Precedents and Stare Decisis This article adds to the authors' discussion from "Stare Decisis in Federal and State Courts", published to the New York Law Journal on Nov. 3, 2020, and covers ...
I saw this post at the "Re's Judicata" blog, written by Prof. Richard Re (University of Virginia), and found it very interesting; I asked Prof. Re whether I could repost it, and he graciously agreed: ...
In the upcoming confirmation battle over United States Court of Appeals Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court bench, your ears will no doubt ring with ...
Friday's decision eliminates a constitutional right for first time. In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting ...
Justice Clarence Thomas on Monday said that the Supreme Court should take more action to overturn prior “demonstrably erroneous decisions.” In a concurring opinion issued in a double jeopardy case, ...
She has already been called an extremist on questions of precedent. But in her writing, she has expressed a decidedly mainstream view. By Keith E. Whittington Mr. Whittington is the author of ...
WASHINGTON – As the Supreme Court is about to revisit some major decisions, one of the nine justices – and the longest-serving member of the conservative majority – has offered his view that there’s ...
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