SCOTUSBlog
APRIL 23, 2021
Wolf principally argued that stare decisis justifies maintaining the doctrine. Chief Justice John Roberts suggested that “it’s not the strongest stare decisis argument” in light of Supreme Court decisions characterizing the doctrine as a failure. The post Doctrinal “dinosaur” or stare decisis?
The Crime Report
MAY 18, 2021
“The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent. She argued the Court has offered no “special justification,” as required, for breaking from the precedent set in Mille r and has therefore circumvented stare decisis , the legal principle that states the court must follow previous precedents.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Patently O
DECEMBER 11, 2022
This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom. ” Id.
Constitutional Law Reporter
JULY 30, 2024
Finally, the Court emphasized that while it was overruling Chevron , it was not calling into question prior cases that relied on the Chevron framework. Justice Elena Kagan authored a strongly worded dissent, which was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
Conflict of Laws
MARCH 10, 2021
There are five comments that could be made about the Court of Appeal’s decision (Hussaini JCA) in A.B.U. 6] First, the Court of Appeal (Hussaini JCA) in A.B.U. 8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis.
Conflict of Laws
DECEMBER 17, 2020
What I would consider as an ambitious aspect of the book, however, is the authors’ categorical position regarding the non-binding effect of the obiter dicta of some Supreme Court decisions.
JURIST
JUNE 17, 2022
The court’s ruling comes as Americans wait for a US Supreme Court decision in Dobbs v. The decision could overturn Roe v. Jackson Women’s Health Organization.
Expert insights. Personalized for you.
81 
Let's personalize your content