Reason

Stare Decisis is an Old Latin Phrase that Means "Let the Decisions of the Warren Court Stand"

Superficially, Bostock may seem like a triumph for textualism. It wasn't. Rather, Justice Gorsuch built a textualist edifice on top of non-textualist precedents from decades ago. His understanding of ...
SCOTUSblog

Argument analysis: Justices spar over stare decisis, originalism, text and what counts as a Fourth Amendment “seizure”

In the oral argument of Torres v. Madrid on Wednesday, the justices tried out all the tools of constitutional interpretation as they worked through the meaning of the critical Fourth Amendment term, ...
Law

Precedents and Stare Decisis

This article adds to our discussion of "Stare Decisis in Federal and State Courts", New York Law Journal, Nov. 3, 2020. "Stare decisis is the doctrine which holds that common-law decisions should ...
National Review

Ruth Marcus Badly Distorts Judge Barrett on Stare Decisis

In her Washington Post column, Ruth Marcus grossly misrepresents Judge Amy Coney Barrett’s academic writing on the principle of stare decisis (adherence to precedent). On constitutional questions, the ...
KTVB

Roe v. Wade goes before the Supreme Court: What does 'stare decisis' mean?

Abortion rights are being wrestled with at the Supreme Court this week as the historic arguments took off Wednesday. The justices are looking at whether to uphold a Mississippi law banning abortion ...
National Review

The Three Constitutional Wrongs of Strong Statutory Stare Decisis

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 New York Times

‘Stare decisis’ is likely to be much discussed in the abortion case. Here’s what it means.

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 ...
Biloxi Sun Herald on MSN

Supreme Court Signals Scrutiny of Landmark Decision

Supreme Court Justice Clarence Thomas has expressed a willingness to reconsider established legal precedents, questioning the ...
Reason

Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis

This evening, Judge Andrew S. Oldham of the Fifth Circuit gave the Joseph Story Distinguished Lecture at the Heritage Foundation. I was pleased to be in attendance. The topic was provocative and will ...

The Supreme Court is supposed to apply the law, not make it

“Of course, the Framers did not expect the President to do everything personally,” wrote Nelson, whose views have been cited ...
WVEC

Roe v. Wade goes before the Supreme Court: What does 'stare decisis' mean?

The justices are looking at whether to uphold a Mississippi law banning abortion after 15 weeks, and overrule the 1973 Roe v. Wade decision. Mississippi also asks the Supreme Court to overrule the ...