Remove Constitutional Law Remove Court Remove Laws Remove Stare Decisis
article thumbnail

Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. I have long questioned the weight given stare decisis in constitutional cases.

article thumbnail

Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. Congress shall make no law respecting the establishment of religion." Schempp , 374 U.S. Schempp , 374 U.S.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

article thumbnail

Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

article thumbnail

Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame

JonathanTurley

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Rob Marus started a Facebook group opposing her appointment to the Supreme Court. Rhodes College.

article thumbnail

Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.

article thumbnail

Supreme Court Agrees To Hear Major Abortion Challenge

JonathanTurley

Over the strong opposition of pro-choice groups, the Supreme Court just granted cert in Dobbs vs. Jackson Women’s Health Organization , 19-1392. The case could prove a turning point for the Court on reproductive rights. Hellerstedt that addressed a virtually identical law. Russo (2020). This case could afford such a review.