Log-in to bookmark & organize content - it's free! Author James Zirin explained the concept of stare decisis, the doctrine in which many court cases are decided based on previous precedent. He spoke ...

One very important point in the confirmation hearings of Justice Brett Kavanaugh received little attention. It was Kavanaugh’s professed respect for the doctrine of not overruling previous Supreme ...

A recent Fourth Circuit opinion about medical privacy provides a valuable lesson on how stare decisis can guide litigants through case law that is less than clear. In Payne v. Taslimi, which I argued ...

I saw this post at the "Re's Judicata" blog, written by Prof. Richard Re (University of Virginia), and found it very interesting; I asked Prof. Re whether I could repost it, and he graciously agreed: ...

A bedrock legal doctrine called "stare decisis," Latin for "to stand by things decided," calls upon courts to respect their ...

The U.S. Supreme Court's decision May 13 in Franchise Tax Board of California v. Hyatt seemed to open the public's eyes to a long-running reality: The high court does sometimes overrule its own ...

During oral arguments in Dobbs, Chief Justice Roberts asked a question about the relationship between stare decisis and originalism that I hadn't considered. CHIEF JUSTICE ROBERTS: On stare decisis, I ...

The court cannot return to the same case and change its mind. And the legal doctrine of stare decisis — Latin for “let the decision stand”— means later members of the court are reluctant to ...

The rank distortions of Judge Amy Coney Barrett’s entirely conventional view on stare decisis (adherence to precedent) are already getting tiresome, but let’s give it another go. In New York magazine, ...

The Supreme Court has not heard arguments in a state secrets case in a decade, but this term, the justices will hear two, with the first taking place this morning. The last time the justices faced a ...

Washington — A draft opinion leaked and published late Monday suggests the Supreme Court may strike down its nearly five-decade-old ruling establishing the constitutional right to an abortion, a move ...

She has already been called an extremist on questions of precedent. But in her writing, she has expressed a decidedly mainstream view. By Keith E. Whittington Mr. Whittington is the author of ...