Remove Constitutional Law Remove Court Remove Legal 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. Of course, this brings us to our word of the month: STARE DECISIS. 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

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

Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

JonathanTurley

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. The statement seemed directed at Sotomayor’s three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Here is the column: In Wednesday’s Supreme Court oral argument in Dobbs v.

article thumbnail

No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

JonathanTurley

No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. I’m no Supreme Court justice, I’m not a good enough liar.” The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. Susan Collins (R.,

article thumbnail

“Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity

JonathanTurley

Last week, I had the honor of addressing the judges and staff of the United States Court of Appeals for the Tenth Circuit. also spoke at the conference and I was in attendance when he made his comments defending the legitimacy of the Court. To her credit, Marcus has opposed such court packing calls ). Chief Justice John G.