Stare Decisis: Eight Recent Cases

The recent claims that newly-confirmed Chief Justice Roberts and Justice Alito were ignoring precedent, contrary to their confirmation hearings pledges, are partisan chum  hurled into the waters where swim the most radical members of the Democratic base. I have earlier examined the general scope of the doctrine of stare decisis which requires Supreme Court Justices to give great weight under appropriate circumstance to prior rulings of the Court and to the statements both Justices gave on the issue during their confirmation hearings for American Thinker  readers. Now, I will look at the eight cases which Justice Breyer apparently referred to when he suggested to Senator Specter that these new justices were not paying adequate attention to the doctrine. I find no basis for such a charge in any of these opinions. Westlaw (type in the name and citation here) to which I have cited, has a headnote system which permits you to see summaries of each case and is not so complicated....(Read Full Article)

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