JonathanTurley

MAY 14, 2022

After denouncing the recent leak of the draft opinion that would overturn Roe v. 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.

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Stare Decisis Court Drafting Education 47

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. I suspect one of the justices wrote a draft separate opinion that was sufficiently persuasive to shake loose the necessary votes for a grant.

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Statute Stare Decisis Court Drafting 81

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

Stare Decisis 145

Stare Decisis Court Statute Government 145