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 justices explored possible ways to limit the doctrine of patent assignor estoppel during oral argument in Minerva Surgical Inc. v. Hologic Inc. on Wednesday. The doctrine works like this. An ...
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 ...
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 ...
(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 ...
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 ...
The article discusses Flanders v. Goodfellow, where the court overruled its previous ruling that barred negligence claims against domestic animal owners. Emphasizing the flexibility of stare decisis, ...
The Supreme Court Should Affirm That Schools Cannot Usurp Parental Rights This Day in Liberal Judicial Activism—November 7 Judges Need to Know What Time It Is — Time to Go Senior This Day in Liberal ...
As the Supreme Court wrestles with the Mississippi abortion law, the Latin phrase “stare decisis” is likely to keep coming up. The phrase, which roughly translates as “to stand by things already ...
The Supreme Court is expected to decide Friday whether to take up an appeal by a former Kentucky county clerk seeking to ...
Washington — A draft opinion leaked and published late Monday suggests the Supreme Court may strike down its nearly five-decade-old ruling establishing the constitutional right to an abortion, a move ...