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 ...
In today's notable voting rights decision in Allen v. Milligan, the Supreme Court reasserted its longstanding rule that there is a strong presumption against overruling statutory precedents. The Court ...
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 ...
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 ...
User-Created Clip by tgrane October 7, 2019 2019-10-07T09:20:41-04:00https://images.c-span.org/Files/7f8/20191007092141001_hd.jpgDemand Justice co-founder Brian ...
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, ...
In a little-covered speech, the Supreme Court justice explained how he thinks the court should reverse rulings conservatives don’t like. Supreme Court Associate Justice Clarence Thomas. In an ...
After two Supreme Court confirmation hearings in quick succession, Americans now know more about the legal principle of stare decisis than perhaps they ever wanted to. Yet according to three of its ...