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Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

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.

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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Thing is, these days law and the decisions courts hand down are very much like that. The kicker is that unlike parents (who, hopefully, are on the same page and the kid realizes that it's unlikely dad will overrule mom), it is critical that courts make the same rulings over and over so that people know how law will be applied.

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Supreme Court overturns constitutional right to abortion

SCOTUSBlog

Jackson Women’s Health Organization , a challenge to a 2018 Mississippi law that bans virtually all abortions after the 15th week of pregnancy. The law carves out exceptions for medical emergencies and cases involving a “severe fetal abnormality” but does not make exceptions for cases involving rape or incest.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v.

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‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

We also have a much higher rate of plea bargain cases than the rest of the world: almost 20 percent higher than just about any other common law country. However, after the industrial revolution [and the rise of] the English working classes, there just weren’t enough police to keep whacking people over the head with the criminal law.

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Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame

JonathanTurley

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. There is nothing disingenuous in saying that a case is not super-precedent but still might not be overturned.