JonathanTurley
MAY 14, 2022
Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.
Legal Research is Easy
AUGUST 5, 2019
Of course, this brings us to our word of the month: STARE DECISIS. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.
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JonathanTurley
AUGUST 7, 2022
These signatories seek to sanction Barrett for holding opposing views on issues that have divided the court and the legal profession for decades. The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate.
JonathanTurley
NOVEMBER 29, 2021
Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.
JonathanTurley
DECEMBER 5, 2021
Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.
JonathanTurley
MAY 4, 2022
No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent.
JonathanTurley
SEPTEMBER 12, 2022
I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. In her column, What Chief Justice Roberts Misses , Marcus writes that.
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