The Crime Report
MAY 18, 2021
She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents. “The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.
SCOTUSBlog
JANUARY 17, 2024
Court of Appeals for the District of Columbia Circuit and the U.S. Under the doctrine of stare decisis – the idea that courts should generally adhere to their prior cases – the court would need a “truly extraordinary justification” to overrule it, which the challengers do not have, she asserted.
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SCOTUSBlog
MAY 26, 2022
Issue : Whether a reviewing court must strictly adhere to Federal Rule of Civil Procedure 52(a) ’s requirement that a district court’s fact-findings “must not be set aside unless clearly erroneous,” as the U.S. Court of Appeals for the 5th Circuit held below) when the court of appeals decides the fact-findings are insufficient, as the U.S.
SCOTUSBlog
JANUARY 16, 2024
Relying on Chevron , the district court rejected that argument, holding that the act clearly authorized industry-funded observers in the herring industry. Court of Appeals for the District of Columbia Circuit upheld that result, but on a different rationale.
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.
SCOTUSBlog
JULY 7, 2022
Court of Appeals for the District of Columbia Circuit, had been confirmed in April to succeed Breyer, and she was quickly sworn in , making her the first Black woman to join the court. After 28 years on the court, Breyer stepped down from the bench on July 1, making his January retirement announcement official.
JonathanTurley
MAY 4, 2022
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. And the Supreme Court has reaffirmed the decision–sometimes on the merits; sometimes, in Casey , based on stare decisis.
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