Courts

Where Were You When Stare Decisis Died?

"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

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Constitution constitutional law We the PeopleAbout a week ago, bar preppers working out their kinks on the Constitutional Law module likely had a few things on the noggin. Balancing tests. Attention to the facts of the case. Stare Decisis. Now, they’ve likely got this tweet stuck in their heads like a bad Drake song.

And for good reason. Stare decisis talk has been rampant with the overturning of Roe — understandably, so. It was decided almost 50 years ago and 4 of the overturning judges basically liar liar pants on fired about respecting it as precedent. But the thing that has me even more shook is that the Bruen case overturned a gun law that has been on the books for about, I don’t know…110 years.

Maybe now ConLaw professors will cut the bullshit and recognize the tongue in cheek truth 1Ls have been whispering to each other in study rooms since time immemorial — maybe the best answer to constitutional issues really is “it depends”.

Above the Law caters to lawyers. You want the scoop on market salary or some legal drama, you come here. That said, we are also acutely aware that JDs aren’t our only audience — non-lawyers, 0Ls, randoms who really like Liz Dye‘s punchy writing style, you’re all welcome here. And given how much has happened in these last two weeks or so, it is very easy to get lost in the case names and legal jargon when you’re trying to make sense of the legal happenings around you. Here’s a short hand diagnosis of the situation we’re in.

The grounding for the basic legal concepts and customs that the American judiciary took as as givens for a very long time is now fractured. We may no longer be under the Rule of Law. We appear to be under the Rule of 6.

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With Roe Overturned, Legal Precedent Moves To Centerstage [American Bar]

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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