HowAppealing

MAY 23, 2022

Wade Must Go for Precedent’s Sake; Stare decisis is too important to be defined by such a poorly reasoned case”: Adam J. “Roe v. White will have this op-ed in Tuesday’s edition of The Wall Street Journal.

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Stare Decisis 100

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.

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Patently O

FEBRUARY 23, 2023

Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.

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JURIST

JUNE 28, 2024

Though the court’s decision in Loper may contradict the stare decisi s principle of judicial continuity, the court found that some cases must involve the court “correcting [its] own mistakes.”

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Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward.

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Above The Law

JULY 1, 2022

Stare decisis only matters when it’s convenient for this version of the high court. The post You Can Kiss Precedent Goodbye Thanks To The Supreme Court’s Conservative Majority appeared first on Above the Law.

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Patently O

APRIL 17, 2025

The basic question : does the PTAB have to follow a district court's prior claim construction of a patent term under principles of stare decisis ? But, the USPTO changed its approach a few years ago and linked the standards -- with the result that the issue should not simply be ducked. Continue reading this post on Patently-O.

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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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HowAppealing

OCTOBER 18, 2021

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming (..)

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Law 360

MAY 1, 2023

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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HowAppealing

MARCH 15, 2021

Hamilton ‘s majority opinion explained: The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. Hellerstedt , 136 S. 2292 (2016), on the essentially identical facts in June Medical.

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Patently O

JULY 15, 2022

In allowing the states to usurp citizens’ intellectual property rights, the justices of the Allen Court prioritized either a dogmatic form of stare decisis or the New Federalist ideology over the Constitution and its structure and history.

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SCOTUSBlog

DECEMBER 1, 2022

It has stare decisis effect.” On the other hand, “if we’ve just kind of used the word without deciding the issue, then … that doesn’t have stare decisis effect and, to the contrary, we disclaim any understanding that the thing was meant to be jurisdictional in the pure sense.”.

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Statute Stare Decisis Government Court 101

Mondaq

JUNE 16, 2022

When a trial judge rules that a law is unconstitutional, who is bound by that decision? In R v Sullivan, 2022 SCC 19, the SCC has made it crystal clear: these declarations are.

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JURIST

DECEMBER 6, 2022

In normal circumstances, the Court’s previous repudiations of the independent state legislature theory would counsel in favor of following the principle of stare decisi s, which suggests the Court should not overturn previous decisions except in extreme circumstances. Arizona Independent Redistricting Commission (2015).

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SCOTUSBlog

APRIL 20, 2021

In addition to all of the above, Hologic argues that the court should maintain the doctrine because of stare decisis. When the justices convene, they will have an opportunity to determine whether the doctrine of assignor estoppel remains valid, whether as a matter of statutory interpretation, stare decisis or otherwise.

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JURIST

APRIL 24, 2021

.” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for stare decisis has sunk. … For most, the answer is yes.

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SCOTUSBlog

NOVEMBER 7, 2022

Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC. Talevski offers three arguments for why stare decisis carries greater force in this case. States cannot knowingly and voluntarily accept federal money if they are unaware of the conditions on those funds.

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JURIST

JANUARY 8, 2024

The common law’s precedent system, referred to as stare decisis, requires courts to adhere to decisions from higher courts, including those from larger benches or earlier instances of the same court. The judgement from May 2022 directed the State of Gujarat to consider the application of the convicts for premature release.

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JURIST

MARCH 22, 2022

She said she also relies upon precedent and the concept of stare decisis to reach her judgment and form an opinion. Jackson specified that she does not interpret the law from her own understanding but tries to interpret it according to its intended purpose.

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SCOTUSBlog

APRIL 15, 2021

For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. Alternatively, adopting the most-favored-nation theory in Fulton would also have profound impacts and call into question Boerne.

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Patently O

JUNE 29, 2021

These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =.

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SCOTUSBlog

JULY 1, 2021

In reaching this holding, the majority expressly did not rely on stare decisis and therefore did not expressly decide whether to overrule Westinghouse Electric Manufacturing Co. To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue. Formica Insulation Co. ,

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The Crime Report

MAY 18, 2021

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. “The court is fooling no one,”” Justice Sonia Sotomayor said in her dissent.

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At the Lectern

APRIL 27, 2023

3d 318, finding the part was not dictum and there is nothing that “warrants departure from the doctrine of stare decisis.” In doing so, the court rejects a call to overturn part of its decision in Cameron v. State of California (1972) 7 Cal.3d

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Conflict of Laws

JUNE 13, 2024

In the next section, I further the discussion on the issue of diversity, looking at subject matter diversity, diversity of views, and the place of stare decisis and precedents in light of the current debates about PIL and expertise in the Nigerian Supreme Court and its resonance for the legal system.

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Patently O

DECEMBER 11, 2022

.” As to waiver based upon the “not binding” statement from Motorola, the Federal Circuit concluded that the intent of that statement was with reference to stare decisis and binding precedent rather than binding as a matter of preclusion. “[W]e have discretion to excuse any forfeiture.” ” Id.

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SCOTUSBlog

APRIL 18, 2023

In cases involving the Supreme Court’s interpretation of statutes, she observed, the presumption of stare decisis – that is, the principle that courts should not overturn their prior precedent unless there is a good reason to do so – “is at its peak” because Congress can always change the law.

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Patently O

JULY 2, 2024

” Justice Gorsuch filed a lengthy concurrence, portions of which were joined by no other Justice, in which he argued that stare decisis principles supported overruling Chevron because the decision was inconsistent with “the laws adopted by the Nation’s elected representatives,” the APA, and the Constitution. .”

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Constitutional Law Reporter

JULY 30, 2024

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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SCOTUSBlog

APRIL 18, 2022

Ultimately, the case raises important issues about the retroactivity of judicial decisions interpreting statutes and has potential sleeper implications for the justices’ treatment of precedent and stare decisis in subsequent cases.

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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.

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Patently O

JULY 14, 2024

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. .” This rule, known as the Brulotte rule, has faced criticism over the years for being economically irrational and inflexible.

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Above The Law

MAY 9, 2022

We only call balls and strikes. Unless our team is losing. Then it’s hockey and we start punching.'. The post Nothing Is A Better Distraction From A Nakedly Political Court Than A Totally Important Game Of Whodunit appeared first on Above the Law.

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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.

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Fordham Law News

JANUARY 5, 2024

13] The Court defended the exemption largely on the grounds of stare decisis and congressional acquiescence, tasking Congress with changing the long-standing law if they felt the need. [14] Kuhn , which saw the Supreme Court acknowledge that baseball was in fact interstate commerce, yet again defend baseball’s exemption. [13]

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Sports Stare Decisis Laws Court 52

Conflict of Laws

DECEMBER 17, 2020

11] While this undoubtedly represents the correct position of the law in principle, it is however of doubtful practical effect given the peculiarity of the diminishing line between rationes decidendi and obiter dicta under the Nigerian version of the doctrine of stare decisis as well the attitude of Nigerian courts to decisions of higher courts.

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