JonathanTurley

AUGUST 7, 2022

The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate. There is nothing disingenuous in saying that a case is not super-precedent but still might not be overturned.

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Stare Decisis Court Education Legal 59

JonathanTurley

MAY 4, 2022

After all, in 1985, Alito wrote as a Justice Department lawyer that the Constitution does not contain a right protecting abortions. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. It was also supported by stare decisis but it did not matter.

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Stare Decisis Drafting Court Laws 11

SCOTUSBlog

NOVEMBER 30, 2021

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”

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Stare Decisis Court Laws Statute 91

The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. Or does stare decisis make it stuck as a precedent?

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Court Stare Decisis Court Decisions Law School 122