Now begins the era of stare indecisis. Respect for precedent — known by the Latin stare decisis, “to stand by things decided” — had been a centuries-old cornerstone of the rule of law, necessary so ...
Now begins the era of stare indecisis. Respect for precedent – known by the Latin term stare decisis, “to stand by things decided” – had been a centuries-old cornerstone of the rule of law, necessary ...
Latin for to stand by things decided. It's the legal principle that judges use to base decisions on earlier ones. When it comes up at confirmation hearings, it's often in reference to abortion rights ...
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 ...
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 ...
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 ...
“Of course, the Framers did not expect the President to do everything personally,” wrote Nelson, whose views have been cited ...