JonathanTurley
MAY 14, 2022
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.
Legal Research is Easy
AUGUST 5, 2019
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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Constitutional Law Reporter
DECEMBER 27, 2021
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.
Constitutional Law Reporter
JANUARY 3, 2022
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.
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.
JonathanTurley
NOVEMBER 29, 2021
Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws. To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents.
JonathanTurley
MAY 17, 2021
He only voted with his liberal colleagues because he felt bound by stare decisis to follow the 2016 decision in Whole Woman’s Health v. Hellerstedt that addressed a virtually identical law. However, the Roberts concurrence was also concerning for pro-choice advocates.
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