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Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. I have long questioned the weight given stare decisis in constitutional cases.

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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. Of course, this brings us to our word of the month: STARE DECISIS. Schempp , 374 U.S.

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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law.

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Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame

JonathanTurley

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Rob Marus started a Facebook group opposing her appointment to the Supreme Court. Rhodes College.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.