HowAppealing

MAY 23, 2022

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.

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Patently O

FEBRUARY 23, 2023

Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.

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HowAppealing

DECEMBER 20, 2021

“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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SCOTUSBlog

APRIL 23, 2021

Wolf principally argued that stare decisis justifies maintaining the doctrine. Chief Justice John Roberts suggested that “it’s not the strongest stare decisis argument” in light of Supreme Court decisions characterizing the doctrine as a failure. The post Doctrinal “dinosaur” or stare decisis?

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Patently O

JULY 6, 2022

And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. While these exceptions are not required by the statutory text, they are consistent with the notion that a patentable process must be “new and useful.” Kappos , 561 U.S. 593 (2010).

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JonathanTurley

MAY 14, 2022

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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Legal Research is Easy

AUGUST 5, 2019

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. The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

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Above The Law

JUNE 28, 2022

Stare decisis? * Here's a map showing the legality of abortion, state by state. [ The Guardian ]. I hardly knew her! [ A matter of judgment: Louisiana judge temporarily prevents abortion ban from kicking in. States scramble to prevent the 2nd Amendment from being an absolute right. [ The post Morning Docket: 06.28.22

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Above The Law

JULY 1, 2022

Stare decisis only matters when it’s convenient for this version of the high court. The post You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority appeared first on Above the Law.

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Law 360

MAY 1, 2023

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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HowAppealing

OCTOBER 18, 2021

“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 (..)

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Mondaq

JUNE 16, 2022

When a trial judge rules that a law is unconstitutional, who is bound by that decision? In R v Sullivan, 2022 SCC 19, the SCC has made it crystal clear: these declarations are.

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JURIST

JUNE 17, 2022

The court’s ruling comes as Americans wait for a US Supreme Court decision in Dobbs v.

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HowAppealing

MARCH 15, 2021

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. Hellerstedt , 136 S. 2292 (2016), on the essentially identical facts in June Medical.

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Patently O

JULY 15, 2022

In allowing the states to usurp citizens’ intellectual property rights, the justices of the Allen Court prioritized either a dogmatic form of stare decisis or the New Federalist ideology over the Constitution and its structure and history.

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HowAppealing

JUNE 17, 2022

” The court’s longest serving associate justice, Brent R.

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SCOTUSBlog

DECEMBER 1, 2022

It has stare decisis effect.” On the other hand, “if we’ve just kind of used the word without deciding the issue, then … that doesn’t have stare decisis effect and, to the contrary, we disclaim any understanding that the thing was meant to be jurisdictional in the pure sense.”.

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JURIST

JANUARY 8, 2024

The common law’s precedent system, referred to as stare decisis, requires courts to adhere to decisions from higher courts, including those from larger benches or earlier instances of the same court. The judgement from May 2022 directed the State of Gujarat to consider the application of the convicts for premature release.

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JURIST

APRIL 24, 2021

.” 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. … For most, the answer is yes.

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SCOTUSBlog

NOVEMBER 7, 2022

Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC. Talevski offers three arguments for why stare decisis carries greater force in this case. States cannot knowingly and voluntarily accept federal money if they are unaware of the conditions on those funds.

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SCOTUSBlog

FEBRUARY 4, 2022

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. Think of Marshall and William Brennan in death-penalty cases.

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At the Lectern

APRIL 27, 2023

3d 318, finding the part was not dictum and there is nothing that “warrants departure from the doctrine of stare decisis.” In doing so, the court rejects a call to overturn part of its decision in Cameron v. State of California (1972) 7 Cal.3d

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SCOTUSBlog

APRIL 20, 2021

In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. When the justices convene, they will have an opportunity to determine whether the doctrine of assignor estoppel remains valid, whether as a matter of statutory interpretation, stare decisis or otherwise.

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SCOTUSBlog

APRIL 22, 2021

How low,” she concluded, “this Court’s respect for stare decisis has sunk.”. But, she added, “[a]ny doubts the Court may harbor about the merits of these decisions do not justify overruling them.” “How Kavanaugh pushed back, stressing that Thursday’s decision “does not overrule Miller or Montgomery.

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SCOTUSBlog

DECEMBER 10, 2021

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. Intellectual disability and the death penalty.

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HowAppealing

DECEMBER 22, 2021

“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.

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SCOTUSBlog

JUNE 24, 2022

Although the Supreme Court’s decisions in Roe and Casey established such a right, Alito continued, those decisions should nonetheless be overruled despite the principle of stare decisis – the idea that courts should not overturn their prior precedent unless there is a compelling reason to do so.

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LawSites

JUNE 2, 2022

” A central issue in the public debate about this draft is that of stare decisis — the principle that courts should adhere to precedent. Where Alito writes, “ Stare decisis plays an important role in our case law,” BriefCatch offers no less than 14 alternative phrasings for “plays an important role.”

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JURIST

DECEMBER 6, 2022

In normal circumstances, the Court’s previous repudiations of the independent state legislature theory would counsel in favor of following the principle of stare decisi s, which suggests the Court should not overturn previous decisions except in extreme circumstances. Arizona Independent Redistricting Commission (2015).

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SCOTUSBlog

MARCH 30, 2022

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. That’s all for this week. Until next time, stay safe ! New Relist.

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The Crime Report

DECEMBER 5, 2023

agree with the dissenting judges below. Andrus’ case cries out for intervention, and it is particularly vital that this Court act when necessary to protect against defiance of its precedents.

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Patently O

JUNE 29, 2021

These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =.

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SCOTUSBlog

JULY 1, 2021

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. To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue. Formica Insulation Co. ,

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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.

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Constitutional Law Reporter

DECEMBER 27, 2021

Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. In support of overruling the cases, Kavanaugh cited cases like Brown v.

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SCOTUSBlog

SEPTEMBER 1, 2021

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. Besides, the best chance for supporters of abortion rights is to lean on precedent.

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Constitutional Law Reporter

JANUARY 3, 2022

Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. In support of overruling the cases, Kavanaugh cited cases like Brown v.

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