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By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.
Board of Education, in which the Court overruled precedent and established new constitutionallaw. Meanwhile, the Court’s liberal minority emphasized the importance of staredecisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. 1395l(t)(12).”. .:
Board of Education, in which the Court overruled precedent and established new constitutionallaw. Meanwhile, the Court’s liberal minority emphasized the importance of staredecisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. 1395l(t)(12).”. .:
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 staredecisis , 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.
Groff assures the court that it can overturn Hardison without worrying about staredecisis – 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.
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 staredecisis , the doctrine that the court should generally stand by its precedents.
Against staredecisis. Many amici focus on the principle of staredecisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the staredecisis values of consistency, dependability, and predictability and are entitled to minimal staredecisis respect.”
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