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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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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

The holdings of those cases that specific agency actions are lawful—including the Clean Air Act holding of Chevron itself—are still subject to statutory stare decisis despite the Court’s change in interpretive methodology,” Roberts wrote.

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

JonathanTurley

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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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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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Board of Education, in which the Court overruled precedent and established new constitutional law. Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court.

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Board of Education, in which the Court overruled precedent and established new constitutional law. Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court.

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Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.