The operation of stare decisis in our judicial system has received some attention lately given the recent major decisions from the U.S. Supreme Court in which the court overturned long-standing ...
The First District Court of Appeal recently struck down a Florida law that prohibited people from openly carrying firearms in public. The court ...
Friday's decision eliminates a constitutional right for first time. In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting ...
Even with a six-justice conservative majority, the Roberts Court has not (yet) increased the rate at which it overturns precedents. Given the rash of recent decisions overturning prominent precedents, ...
Three Florida Democrats spoke at the Planned Parenthood in Kissimmee to address the leaked draft opinion from the Supreme Court showing a plan to throw out the landmark Roe v. Wade decision. ‘Our ...
Washington Times: Jonathan Adler, the Johan Verheij Memorial Professor of Law, said Supreme Court Justice Clarence Thomas has long argued that the Supreme Court “should overturn any ‘demonstrably ...
Chief Judge Rowan Wilson's plan for the Court of Appeals to rule on certified questions would allow for more expeditious stare decisis decisions to our lower courts, a Brooklyn judge writes. We all ...
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 ...
As soon as he was elected president, Donald Trump and his supporters began to target Roe v. Wade. “The judges will be pro-life,” Trump declared on “60 Minutes” when asked about potential nominees. In ...
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 ...
Complicated Land Grab Rules Are a Windfall for Michigan Governments This Day in Liberal Judicial Activism—October 16 Audio By Carbonatix It’s very sad to learn from Slate’s Mark Joseph Stern what a ...