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Where Were You When Stare Decisis Died?

Above The Law

The elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five justices say it is.” - Former Associate Justice Lewis Powell. The post Where Were You When Stare Decisis Died? appeared first on Above the Law.

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Justice Elena Kagan Tells It Like It Is When It Comes To Stare Decisis And The Politicization Of The Supreme Court

Above The Law

She wants to be an optimist, but this Court might not let her. The post Justice Elena Kagan Tells It Like It Is When It Comes To Stare Decisis And The Politicization Of The Supreme Court appeared first on Above the Law.

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“Supreme Court murders stare decisis. Alea iacta est.”

HowAppealing

“Supreme Court murders stare decisis. Alea iacta est.” Columnist Dana Milbank has this essay online at The Washington Post.

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“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.”

HowAppealing

“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.” ” Devin Dwyer of ABC News has this report.

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US Supreme Court strikes down Chevron Deference, requiring courts not defer to agency assessments of their mandates

JURIST

The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. The Supreme Court did not decide on the facts of Loper. The Loper court disagreed, finding that “ Chevron was a judicial invention that required judges to disregard their statutory duties.”

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“What Is Stare Decisis, and Why Is It Intellectually Hollow B t? There are no rules for when the Supreme Court can overturn its precedent. There is only the question of whether there are five votes to do it.”

HowAppealing

“What Is Stare Decisis, and Why Is It Intellectually Hollow B t? There are no rules for when the Supreme Court can overturn its precedent. There is only the question of whether there are five votes to do it.” ” Elie Mystal has this post at Balls and Strikes.

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Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

Hochman fielded several questions about why the court should abandon a doctrine that the court has recognized for nearly a century. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party. The post Doctrinal “dinosaur” or stare decisis?