“Repudiating Roe (Part II): The Pernicious Doctrine of Stare Decisis.”

HowAppealing

“Repudiating Roe (Part II): The Pernicious Doctrine of Stare Decisis.” ” Law professor Michael Stokes Paulsen has this essay online at Public Discourse

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.

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“Roe v. Wade Must Go for Precedent’s Sake; Stare decisis is too important to be defined by such a poorly reasoned case”

HowAppealing

Wade Must Go for Precedent’s Sake; Stare decisis is too important to be defined by such a poorly reasoned case”: Adam J. “Roe v. White will have this op-ed in Tuesday’s edition of The Wall Street Journal

“The Truth About Stare Decisis: Justice Kavanaugh presented a view of precedent that centers on republican self-government.”

HowAppealing

“The Truth About Stare Decisis: Justice Kavanaugh presented a view of precedent that centers on republican self-government.” ” Andy Smarick has this post at the “Law & Liberty” blog

“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”

HowAppealing

“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”: Will Baude has this post at “The Volokh Conspiracy ”

“Justice Kagan’s Unusual and Dubious Approach to ‘Reliance’ Interests Relating to Stare Decisis”

HowAppealing

“Justice Kagan’s Unusual and Dubious Approach to ‘Reliance’ Interests Relating to Stare Decisis”: Law professor Vikram David Amar has this essay online at Justia’s Verdict

Nothing Is A Better Distraction From A Nakedly Political Court Than A Totally Important Game Of Whodunit

Above The Law

Wade Rule of Law Stare DecisisWe only call balls and strikes. Unless our team is losing. Then it’s hockey and we start punching.'. The post Nothing Is A Better Distraction From A Nakedly Political Court Than A Totally Important Game Of Whodunit appeared first on Above the Law.

“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

Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

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. Do you remember being a kid?

The morning read for Friday, July 30

SCOTUSBlog

Justice Kagan and Stare Decisis (Richard Samp, New Civil Liberties Alliance). Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”

HowAppealing

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming law review article, titled “ A Reign of Error: Property Rights and Stare Decisis ,” by law professor Michael Allan Wolf

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. In favor of stare decisis. Share More than 140 amicus briefs were filed in Dobbs v.

“The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.”

HowAppealing

Hamilton ‘s majority opinion explained: The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. “The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.” ” So ruled the majority on a divided three-judge panel of the U.S.

Minnesota court to reconsider third-degree murder charge against George Floyd’s killer

JURIST

” The Court of Appeals has ruled “that its published opinions are binding on this court and on the district courts,” based on the premise of stare decisis. The Minnesota Court of Appeals ruled Friday that the Hennepin County District Court must reconsider a third-degree murder charge against Derek Chauvin, the police officer who will stand trial on March 8 for killing George Floyd.

Justice Breyer: A pragmatic moderate

SCOTUSBlog

Idealogues have sought to reshape the court’s jurisprudence in their own ideological vision, whether liberal or conservative, often at the expense of stare decisis and typically voiced most vigorously in dissenting opinions.

No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

JonathanTurley

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. It was also supported by stare decisis but it did not matter.

Allegations of racial bias in a death penalty trial

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. We had another week of complete turnover as Monday’s order list disposed of all the new relists discussed in our last installment.

Court upholds life-without-parole sentence for Mississippi man convicted as juvenile

SCOTUSBlog

How low,” she concluded, “this Court’s respect for stare decisis has sunk.”.

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions.

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions.

Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. Hologic Inc. about whether to abolish the doctrine of patent assignor estoppel.

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. Share A View from the Courtroom is an inside look at significant oral arguments and opinion announcements unfolding in real time.

SCOTUS nominee Ketanji Brown Jackson faces questions from senators on second day of confirmation hearings

JURIST

She said she also relies upon precedent and the concept of stare decisis to reach her judgment and form an opinion. On the second day of confirmation hearings Tuesday, Judge Ketanji Brown Jackson faced questions from members of the US Senate Judiciary Committee.

US Supreme Court rules on life imprisonment for juveniles

JURIST

” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk.

Another look at qualified immunity

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents. #SCOTUS.

Destroying the Court to Save it: Warren Calls For Packing the Supreme Court With a Liberal Majority

JonathanTurley

demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. This week, Sen. Elizabeth Warren (D., finally buried her former persona as a law professor.

Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co.

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

Ultimately, the case raises important issues about the retroactivity of judicial decisions interpreting statutes and has potential sleeper implications for the justices’ treatment of precedent and stare decisis in subsequent cases.

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

TCR: When did the guiding philosophy of our criminal justice system connect to the concept of stare decisis, which obligates courts to follow historical cases when making a ruling on a similar case? Photo by Karen Neoh via Flickr.

Supreme indifference: What the Texas case signals about the court’s treatment of abortion

SCOTUSBlog

Chief Justice John Roberts wrote at length about the importance of stare decisis in voting to strike down a Louisiana abortion restriction last year in June Medical Services v.

Modernize U.S. abortion law — and return abortion policy to the democratic process

SCOTUSBlog

The abortion providers’ case relies heavily on stare decisis. Share This article is part of a symposium on the upcoming argument in Dobbs v. Jackson Women’s Health Organization. A preview of the case is here. Marjorie Dannenfelser is president of the national pro-life group Susan B.

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

Tandon steals Fulton’s thunder: The most important free exercise decision since 1990

SCOTUSBlog

For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. Share On Feb. 24, 2020, the Supreme Court granted certiorari in Fulton v.

High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

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.