One very important point in the confirmation hearings of Justice Brett Kavanaugh received little attention. It was Kavanaugh’s professed respect for the doctrine of not overruling previous Supreme ...

Log-in to bookmark & organize content - it's free! Author James Zirin explained the concept of stare decisis, the doctrine in which many court cases are decided based on previous precedent. He spoke ...

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Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with ...

The operation of stare decisis in our judicial system has received some attention lately given the recent major decisions from the U.S. Supreme Court in which the court overturned long-standing ...

The article discusses Flanders v. Goodfellow, where the court overruled its previous ruling that barred negligence claims against domestic animal owners. Emphasizing the flexibility of stare decisis, ...

Superficially, Bostock may seem like a triumph for textualism. It wasn't. Rather, Justice Gorsuch built a textualist edifice on top of non-textualist precedents from decades ago. His understanding of ...

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 ...

Today the Supreme Court announced its decision in Gamble v. United States, in which it declined to overturn its longstanding view that the Double Jeopardy Clause does not prevent an individual from ...

Type to search articles, cases, and authors. Press ↵ to view all results. Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of ...

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Following Donald Trump’s election, disappointed Democrats fired off salvoes of red hot rhetoric. Among them was Senator Jeff Merkley of Oregon. He was upset that the empty seat on the Supreme Court ...