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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Of course, this brings us to our word of the month: STARE DECISIS. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.

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

JonathanTurley

These signatories seek to sanction Barrett for holding opposing views on issues that have divided the court and the legal profession for decades. 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.

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

JonathanTurley

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

JonathanTurley

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.

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

JonathanTurley

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

JonathanTurley

No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent.

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Destroying the Court to Save it: Warren Calls For Packing the Supreme Court With a Liberal Majority

JonathanTurley

finally buried her former persona as a law professor. In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles. You are no longer burdened by the need to justify one’s actions in light of constitutional history or values. Elizabeth Warren (D.,

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