Above The Law
JUNE 28, 2022
The elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five justices say it is.” - Former Associate Justice Lewis Powell. The post Where Were You When Stare Decisis Died? appeared first on Above the Law.
HowAppealing
JULY 1, 2022
“Supreme Court murders stare decisis. Alea iacta est.” Columnist Dana Milbank has this essay online at The Washington Post.
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HowAppealing
JUNE 2, 2022
“Is ‘stare decisis’ dead? How the Supreme Court view of precedent is evolving.” ” Devin Dwyer of ABC News has this report.
Above The Law
OCTOBER 24, 2022
She wants to be an optimist, but this Court might not let her. The post Justice Elena Kagan Tells It Like It Is When It Comes To Stare Decisis And The Politicization Of The Supreme Court appeared first on Above the Law.
Patently O
JULY 24, 2024
Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).
HowAppealing
DECEMBER 20, 2021
“What Is Stare Decisis, and Why Is It Intellectually Hollow B t? There are no rules for when the Supreme Court can overturn its precedent. There is only the question of whether there are five votes to do it.” ” Elie Mystal has this post at Balls and Strikes.
Patently O
FEBRUARY 23, 2023
University of Illinois Foundation (1971), the Supreme Court held that a judgment of invalidity in a suit against one infringer accrues to the benefit of any other accused infringer unless the patent owner shows that he did not have a fair opportunity procedurally, substantively and evidentially to pursue his patent claim the first time.
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