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 ...
Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. In her book, Barrett makes a cogent case for originalism as ...
Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.
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 ...
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Callais, originalism, and stare decisis
Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Justice Amy Coney Barrett’s new book, Listening to the Law, ...
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