In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the reasons why the majority in 'Dobbs' concluded that the doctrine of stare decisis did not ...

The operation of stare decisis in our judicial system has received some attention lately given the recent major decisions from the U.S. Supreme Court in which the court overturned long-standing ...

Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with ...

Parents often say that two wrongs don’t make a right. Statutory stare decisis — a form of stare decisis on steroids — actually invokes three wrongs under the Constitution. And piling up constitutional ...

(NEW YORK) — In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting prior decisions, just 145 times in cases requiring ...

The court cannot return to the same case and change its mind. And the legal doctrine of stare decisis — Latin for “let the decision stand”— means later members of the court are reluctant to ...

Friday's decision eliminates a constitutional right for first time. In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting ...