article thumbnail

Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

The 1st Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

article thumbnail

Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.

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

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

JonathanTurley

demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. The Constitution invests the president with the power to nominate new justices because he (with the Vice President) are the only nationally elected officials in our government.

article thumbnail

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”

article thumbnail

How the Supreme Court Laid the Foundations for ‘Racialized Policing’

The Crime Report

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. Or does stare decisis make it stuck as a precedent?

Court 122