Where Were You When Stare Decisis Died?

Above The Law

The elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five justices say it is.” - Former Associate Justice Lewis Powell. The post Where Were You When Stare Decisis Died?

“Supreme Court murders stare decisis. Alea iacta est.”

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“Supreme Court murders stare decisis. Alea iacta est.” Columnist Dana Milbank has this essay online at The Washington Post

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“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.”

HowAppealing

“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.” ” Devin Dwyer of ABC News has this report

“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

Atextual Conditions for Patentability and Stare Decisis

Patently-O

And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years. by Dennis Crouch. The new petition in SawStop v.

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

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“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 ”

“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

“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

Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

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.

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.

“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

Morning Docket: 06.28.22

Above The Law

Stare decisis? Morning Docket 2nd Amendment Abortion Louisiana Stare Decisis* Here's a map showing the legality of abortion, state by state. [ The Guardian ]. I hardly knew her! [ CNN ]. *

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.

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?

Canada: On Deviations From Declarations: The SCC Gets Decisive On Stare Decisis - Miller Titerle + Company

Mondaq

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

You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority

Above The Law

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. Courts Conservatives Precedent Quote of the Day Supreme Court

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”

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“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

Iowa high court rules abortion is not a fundamental right under state constitution

JURIST

The Iowa Supreme Court Friday held in Planned Parenthood v. Reynolds that abortion is not a fundamental right under the state constitution. The decision overturns a 2018 ruling which held there is a fundamental right to abortion in Iowa.

“Iowa Supreme Court says abortion protections not guaranteed under state constitution”

HowAppealing

In her opinion concurring in part and dissenting in part , Iowa Chief Justice Susan Christensen writes, “This rather sudden change in a significant portion of our court’s composition is exactly the sort of situation that challenges so many of the values that stare decisis promotes concerning stability in the law, judicial restraint, the public’s faith in the judiciary, and the legitimacy of judicial review.”

Intellectual Property and the Historic Kinship Between Patents and Copyrights

Patently-O

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. by Dennis Crouch. In a recently published article, Homayoon Rafatijo and I take-on sovereign immunity in copyright cases. We argue that the Supreme Court got it wrong in Allen v. Cooper.

“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.

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.

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.

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.

Supreme Court overturns constitutional right to abortion

SCOTUSBlog

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.

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.”.

I Ran Justice Alito’s Draft Abortion Opinion through the BriefCatch Legal Editing Software. Here’s What Happened.

LawSites

” A central issue in the public debate about this draft is that of stare decisis — the principle that courts should adhere to precedent. The surreptitiously leaked draft of Justice Samuel Alito’s majority opinion overturning Roe v.

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.

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.

Vice President Kamala Harris Slams “Activist” Supreme Court

JonathanTurley

Stare decisis may protect the Court as an institution from public criticism, but that should not override the duty to correctly and faithfully interpret the Constitution.

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.

“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.

Dobbs, Obergefell, and “the critical moral question posed by abortion”

SCOTUSBlog

Stare decisis aside, the dissent’s defense of that theory depends almost entirely on its claim that if the right to use contraception is fundamental, the right to abortion must also be fundamental. Share This article is part of a symposium on the court’s decision in Dobbs v.

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.

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.