Putting some honesty in Roe v. Wade debate Oct 8, 2008
If the court overturned Roe v. Wade, it would not be improperly violating the principle of stare decisis, according to which long-established legal precedents should normally be followed so as not to generate instability in the law. As legal scholar Edward Levi observed in his classic "An Introduction to Legal Reasoning," stare decisis has less weight in Constitutional interpretation than in ordinary legal interpretation, since it is always possible to recur to the original text of the... (Boston Globe)
Supreme Court Argument Report: The Fourth Amendment, Thomas Jefferson and Barney Fife Oct 8, 2008
"And the reason is that although I don't think Belton is very logical, it has been the law for 27 years; and I take very seriously, as we all do, the principle of stare decisis.". "I don't know about Thomas Jefferson's automobile. But, nonetheless, no disaster has occurred, and so why would we overrule an earlier case?" Breyer asked. (Law.com)
Why Roe v. Wade must go Sep 20, 2008
Stare decisis is a useful but not infallible principle. With Roe v. Wade, the Supreme Court created abortion virtually on demand, for any reason or no reason. (Boston Globe -- Editorial)
The fate of Roe v. Wade and choice Sep 14, 2008
American constitutional law is stable only because of the principle of stare decisis, which means that in general, the Court should respect its own precedents. Roe v. Wade has been established law for 35 years; the right to choose is now a part of our culture. (Boston Globe)
LETTERS: NCT, Aug. 26, 2008 Aug 27, 2008
This is an unprecedented use of our federal courts and since criminal courts apply a stare decisis standard, this is really bad precedent and is a dangerous road to go down. The rule of law applies to the government too. (North County Times)
How will we catch scoundrels? Aug 15, 2008
This means that lawyers can argue about it until the cows come home and judges can bat tiny concepts up and down the stare decisis food chain until everyone is exhausted, or broke. In the meantime, the editor still has to make a decision about what to run in the morning's paper. (Sydney Morning Herald -- Opinion)
When The 'Gods' Go Mad Aug 10, 2008
Adam (1990) stated that Judges, as members of the judicial branch of government, are required to apply the law impartially to all persons who appear before them, to refrain from deciding a case in which it would be (or might appear to be) in their own financial, political or other "interest" to find for or against one of the parties, to uphold the Constitutional protections of all persons (even where the majority of the population would not choose to do so) and to strictly follow the important... (Ghana Web, Ghana)
In Review of High Court Term, Justice Kennedy Still the Man in the Middle Aug 8, 2008
Although the Court this term did find a cause of action for retaliation under two silent job bias laws, those decisions were dictated, the majority said, by stare decisis -- two key precedents that led the Court to those rulings. "The Court did infer a cause of action in the retaliation cases, but said this is really about stare decisis," said John Payton, president of the NAACP Legal Defense and Educational Fund. (Law.com)
Sizing Up the 2007-08 Supreme Court Term Jul 30, 2008
We're still going to give stare decisis effect to our older decisions even if they relied on a methodology that is currently out of favor. I guess the last thing I would say is that CBOCS West is indicative of a division between some of the justices with respect to the importance of stare decisis that I think was replicated in other cases ... We've heard now themes of stare decisis, we've heard about Justice Kennedy's role, Justice Scalia, what's your take. (Law.com)
Gun Ban Decision Likely to Spark New Court Battles Jun 27, 2008
" But the the court's ruling was cause for disappointment and alarm in other circles. D.C. Mayor Adrian Fenty said the current in-home gun ban law will stand for 21 days until his administration creates emergency laws to comply with the court's ruling. But he said he does it reluctantly. "As mayor of the District of Columbia, I think I speak for the near unanimous population here in this city when we say we're disappointed, we wish the ruling had gone the other way, but that we stand here and we... (Fox News)
Liberty Wins a Big One Jun 27, 2008
Liberals, who hate guns almost as much as they hate cars, got a well-deserved lesson in Second Amendment rights when the Supreme Court spit in their face by ruling that the Constitution really does guarantee the right of Americans to own guns. The ruling, which struck down the District of Columbia s laws almost totally restricting handgun ownership, affirmed the traditional view that the Second Amendment means exactly what it says when it guarantees "the right of the people to keep and bear... (Human Events Online)
SUPREMES TO RULE ON GUN RIGHTS Jun 26, 2008
Stare decisis is for suckers. Posted by: Gary | June 25, 2008 2:17 PM. (The Drudge Report)
LETTERS: NCT, June 19, 2008 Jun 20, 2008
The SC overturned 200 years of stare decisis to make that decision. Nowhere, does the constitution guarantee non citizens habeus rights. (North County Times)
High Court Hasn't Closed the Book on Retaliation Jun 4, 2008
Central to both decisions was stare decisis -- the majority's faithfulness to prior rulings -- here: , 396 U.S. 229 (1969), and , 544 U.S. 167 (2005) ... Justice Stephen Breyer found consensus through the long lens of stare decisis ... "I do wonder if this was more the institutional desire not to be revolutionary than stare decisis," said Colorado's Hart. (Law.com)
Ninth Circuit Outrage: States Immune from Fifth Amendment! Jun 1, 2008
Location: SC Reply # 1 Date: Jun 1, 2008 - 6:35 AM EST Subject: Stare Decisis Crepe Clearly this is a case of taking and should have been ruled as such however remember we are dealing with the 9th court here ... Kelo was a prime example of Stare Decisis crepe. (Townhall.com)
Founders didn't intend to take away public prayer May 29, 2008
Good Old Buddy wrote on May 27, 2008 1:22 PM:" The U.S. Supreme Court would deny that they have taken away the right of people to pray in public. Pertaining to Separation of Church and State, the author is unaware that this concept has existed through" judicial review" and "stare decisis" for many decades. It will always be up to the courts to maintain the balances in the Bill of Rights. However, I disagree with the USD Law Professor. I believe that the ACLU will not be satisfied until all... (Sioux City Journal, IO)
COURT OPINION: Read the rulingss May 20, 2008
I will apply our negative Commerce Clause doctrine only when stare decisis compels me to do so ... Stare decisis does not compel invalidation of Kentucky's statute. (USA Today -- Money)
State high court overturns gay marriage ban May 17, 2008
Stare Decisis is the legal principal of following the rulings found in similar previously settled legal disputes. In this case, I believe that any attempt to change our constitution to ban same sex marriage would be futile due to the existing rulings on interracial marriage. (Hanford Sentinal, CA)
Scalia Is Wrong About Abortion Mar 21, 2008
But don't write off Scalia on this one, because he is the advocate for the United States actually being a civil law country, not common law--so it should be no problem to overrule a previous, incorrect interpretation, stare decisis being a custom that only has real meaning under common law. James Deppeler, Brielle, New JerseyMar 19, 2008 @ 02:52 PM. (Human Events Online)
Charges, wounded bulls and other legal sophistry Mar 7, 2008
In decisions lower down the stare decisis food chain, the solicitor Leon Nikolaidis had been found to charge a client $28,365. 60 when the fair and reasonable amount was $3305. (Sydney Morning Herald -- Opinion)
7 comments Feb 15, 2008
They ask many questions regarding the judges' opinion regarding various "commerce clause" decisions as stare decisis. settled law. (Human Events Online)
Justices Debate Stare Decisis Jan 9, 2008
An otherwise mind-numbing Supreme Court ruling Tuesday morning nonetheless contains an interesting debate among the justices about an issue that often comes up during confirmation hearings: stare decisis, or the importance of respecting precedent ... Breyer said "basic principles of stare decisis, however, require us to reject this argument." In essence, Breyer said that even though junking the old precedents and following the new ones might make sense, the importance of following precedent, at... (Law.com)
There’s a Huckabee Born Every Minute Jan 3, 2008
In the 2003 decision Lawrence v. Texas, the Supreme Court overruled Bowers v. Hardwick, a case only 17 years old (and with a name chosen by God) -- despite the allegedly hallowed principle of "stare decisis." As explained in "Godless," stare decisis means: "What's mine is mine and what's yours is negotiable.". Justice Anthony Kennedy's majority opinion in Lawrence was so insane that the lower courts completely ignored it. (Human Events Online)
Yar'Adua urges judges to shun sentiments Nov 12, 2007
He said: "It is important that the judiciary should not fall into temptations of public sentiments while deciding on cases before them but should stick to the application of the law. Decisions of courts must be according to the law and not according to public sentiments. All judgments from the Supreme Court become references which the lower courts rely on as judicial precedents or stare decisis.". Yar'Adua continued: "Although certain judgments may be popular amongst the people yet (they) may... (Guardian News, Nigeria)
Student justice Nov 9, 2007
But don't forget to follow "stare decisis.". These simulations are part of a whole semester assignment. (Daily Orange, NY)
My Grandfather's Son and The Nine: Revealing a Life and a Court Oct 13, 2007
When I pointed out to him that it is hard to credit Justice Breyer's pean to stare decisis at the conclusion of last term when Justice Breyer bemoaned the Court's upholding of the federal statute banning partial birth abortion in what Breyer said was a break with binding precedent, Toobin concurred. "[I]ts not terribly persuasive to hear Justice Breyer talk about stare decisis," Toobin replied, "as he did at great length and with great emotion last June at the end of the Supreme Court term,... (Townhall.com)
Reading the Roberts Court Aug 17, 2007
The stare decisis [doctrine] in the constitutional area means relatively little these days in particular, and so it opens the door to all kinds of fascinating issues under the 14th Amendment and other constitutional provisions. MAURO: So the fact that Kennedy in the race cases and perhaps Alito and Roberts in some of the other cases weren't as willing to go all the way as the conservatives were, that doesn't mitigate the point that the Court has still gone very far [to the right. (Law.com)
HUMAN EVENTS Interview with Congressman Ron Paul, Texas Aug 7, 2007
RED STATE: Congressman, Senator Spector said the other day he wanted to go back and review Justices Alito and Roberts testimony to see if they were misled on the issue of Stare Decisis and I was wondering looking at this last Supreme Court term, are you happy with the Alito, Roberts picks. Would you continue the trend of picking justices like that. (Human Events Online)
Court Bashing Aug 6, 2007
Alito called stare decisis [respect for precedent] a very important doctrine, although it was not an inexorable command. I agree that, in every case in which there is a prior precedent, the first issue is the issue of stare decisis, Alito said. (Human Events Online)
The Pagan Parking Case Jul 31, 2007
The sound doctrine of stare decisis, which is standing by precedent, can also be a problem if judges find the judiciary more authoritative than the Constitution itself. Perhaps some judges protect the grandeur of the judiciary more than the First Amendment. (Human Events Online)
Schumer: Democrats Will Block All Bush Judges... Jul 28, 2007
Breyer has publicly raised concerns that conservative justices were violating stare decisis, the legal doctrine that, for the sake of stability, courts should generally leave precedents undisturbed ... It's funny how liberals are complaining about the concept of stare decisis ... Every landmark liberal opinion handed down by the supreme court has been a bucking of stare decisis. (The Drudge Report)
Parents sent to prison for fatal scalding Jul 18, 2007
researcher wrote on Jul 17, 2007 11:32 PM:" the previous article stated the mother lied ansd said she took the baby to the hosp in indianapolis, what was the cover up about.This must be a case of stare decisis how other decisions were made with similiar cases cause 2 years is nothing ". Jada's cousin wrote on Jul 17, 2007 5:04 PM:" poor jada it was so unfair to you. ". (Munster Times, IN)
Don: Lower courts cant overturn superior judgment Jul 15, 2007
I want to clarify, however, I am not an admirer of the doctrine of stare decisis (binding precedent) which is a peculiarity of English common law but not in the United States, Europe or the Islamic legal system ... However, while Justices Md Raus Sharif and Hasan Lah called for a review of the 2000 decision, saying they were bound by the doctrine of stare decisis (binding precedent), Justice Gopal Sri Ram, the senior-most judge in the Court of Appeal, said in a separate judgment there was no... (The Star Online, Malaysia -- News)
Letters to the Editor Jul 7, 2007
Editor -- Those of us on the political right cannot but view with amusement the newly developed affection for the judicial doctrine of stare decisis expressed by the political left (Editorial, "Supreme Court's unsettling turn," July 5). For decades, the left scorned stare decisis as the U.S. Supreme Court overrode precedent after precedent to create rights or find rights not enumerated in the Constitution. (San Francisco Chronicle)
Supreme Court's unsettling turn Jul 6, 2007
THE TERM "stare decisis" came up often during the confirmation hearings of U.S. Supreme Court Justices John G. Roberts and Samuel Alito. The upshot was that Roberts generally seemed more inclined than Alito to defer to precedent, the principle of "stare decisis," meaning "let the decision stand." As Alioto put it during his hearings, stare decisis is "not an inexorable command.". (San Francisco Chronicle -- Opinion)
Supreme Court tilt to right had its limits Jul 2, 2007
"But laying just claim to be honoring stare decisis [i.e., respect for precedent] requires more than beating Flast to a pulp and then sending it out to the lower courts weakened, denigrated, more incomprehensible than ever, and yet somehow technically alive.". He adds, "We had an opportunity today to erase this blot on our jurisprudence, but instead have simply smudged it.". (Yahoo News -- Politics)
Read the decision Jun 29, 2007
(c) Stare decisis does not compel continued adherence to the per se rule here ... Respondent's arguments for reaffirming Dr. Miles based on stare decisis do not require a different result ... So there is an argument for its retention on the basis of stare decisis alone. (USA Today -- Money)
Supreme Court Loosens Limits On Political Ads Jun 26, 2007
" The campaign finance case brought another dissent read from the bench by a member of the court's liberal wing - the fourth this year - eager to draw attention to what they say is a majority too willing to jettison the court's past rulings. "The court (and, I think, the country), loses when important precedent is overruled without good reason, and there is no justification for departure from our usual rule of stare decisis here," Justice David Souter wrote for the other dissenters in the case.... (Tampa Bay Online, FL -- News)
Justice O'Connor on 'FNS' May 21, 2007
" Does that sound like the Ronald Reagan you knew? O'CONNOR: It does. WALLACE: What stands out in your memories of former President Reagan? O'CONNOR: That he was a marvelous leader. President Reagan had a manner about him that made people like and respect him. He just spoke well, and he had a clear vision of the major things that he wanted to accomplish, and he focused on it, and he expressed his ideas well. And he was just a very effective president, I thought. WALLACE: I want to go back to... (Fox News -- Politics)
O'Connor: Court criticisms unjustified May 21, 2007
But federal courts, too, play a role in fostering public credibility by generally adhering to "stare decisis," or settled precedent, O'Connor said ... In the interview, O'Connor said she is working to put together a website aimed at junior high and high school students that will seek to instill respect for the judicial process, including "stare decisis" and the court's power to overturn actions by the legislative or executive branch that impinge on individual freedoms such as speech, religion... (USA Today -- News)
Giuliani and abortion May 11, 2007
On the blog now: Updated at 8:01 AM. Updated: 2:37 AM 05/11/07. (Townhall.com)
Hugh Hewitt May 4, 2007
I can see conservative, strict constructionist judges coming to the conclusion that it should be overturned, or I could see some of them coming to the conclusion that its been the law for a substantial period of time, it is precedent, and applying stare decisis. So its not a litmus test. (Townhall.com)
Alarming: The Dissent's Opinion in Gonzales v. Carhart May 1, 2007
" So there! Second, they believe that a door has been left opened by the Court for a new challenge: If there is anything at all redemptive to be said of today's opinion, it is that the Court is not willing to foreclose entirely a constitutional challenge to the Act. 'The Act is open,' the Court states, 'to proper as-applied challenge in a discrete case.' So Justice Ginsburg has issued a call to arms, inviting more challenges in order to strike this horrible law: One may anticipate that such a... (Townhall.com)
Kennedy Reshapes Abortion Conflict as He Refines 'Swing Vote' Role Apr 21, 2007
Ginsburg, who has spoken of her loneliness on the bench as the Court's only woman justice, somberly read from her dissent: "Though today's opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of 'the rule of law' and the 'principles of stare decisis.' ". In what could be viewed as a prayer that no more Bush appointees join the Court, Ginsburg... (Law.com)
Gandy: Supreme Court Abortion Ruling Apr 20, 2007
"Though today's opinion does not go so far as to disregard Roe or Casey, the Court, differently composed that it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of the 'rule of law' and the 'principles of stare decisis.'". . (Zmag.org)
Ruthless Feminism Apr 20, 2007
On display in Ginsberg s dissent is a lavish and hypocritical deference to stare decisis, which translates as: rulings I and my liberal cohorts didn't overturn. The willfulness of her dissent invites the question: Why are her assertions normative and her predecessors' or dissenting colleagues' not. (Human Events Online)
Pro-lifers praise Constitution-based ruling to ban partial-birth abortion Apr 19, 2007
Being unconstitutional is un-American," he said. Opponents of partial birth abortion describe it as a barbaric procedure in which an unborn child is partly delivered, then killed by making an incision in the head and vacuuming out the brain before the delivery is completed. After being signed into law in 2003, the measure immediately was attacked by the abortion industry, and two federal appeals courts, the 8th Circuit and the 9th Circuit, concluded it interfered with a woman's right to... (WorldNetDaily)
High Court for Atiku, But INEC Follows Superior Court Apr 4, 2007
"We all know what the principles of 'stare decisis' portends. That the judgment of the superior court will always be held over judgment of the lower court.". Accordingly, he said "So, we will continue to look at the judgment of the Court of Appeal until again the Court of Appeal or any higher court says contrary to the Court of Appeal judgment.". (allAfrica.com)
Keeping The Pro-Life Movement Alive Jan 23, 2007
e., without the added legal doctrine of stare decisis abortion jurisprudence is a house of cards) and the overturning of Roe is inevitable. Ultimately, the realization that the radical ideology behind the abortion industry is bankrupt morally, culturally, economically, and spiritually will lead to the collapse of the current abortion regime, just as surely as the deadly decay and false reality of Marxism led to the fall of the Soviet Union. (CBS News)
Exclusive: David Kupelian on how Supreme Court 'discovered' right to destroy babies Jan 22, 2007
Next time there's a Supreme Court nominee confirmation hearing, instead of genteel debate couched in bloodless and obtuse code words like "stare decisis" and "privacy," we should have a knock-down drag-out fight in the U.S. Senate about abortion, with 100 million people watching on broadcast and cable TV.. Let's have a true national discussion for the first time. (WorldNetDaily)
Happy Birthday, Roe v. Wade: Jan 20, 2007
Coming from the Latin for "to stand by things decided," stare decisis is a hoary common-law principle ... As the joint Casey opinion observed, "no judicial system could do society's work if it eyed each issue afresh in every case that raised it." On the other hand, as the opinion recognized, stare decisis has never been deemed an "inexorable command." As Oliver Wendell Holmes Jr. once observed, "It is revolting to have no better reason for a rule of law than that so it was laid down in the time... (Slate)
