Stare Decisis: Overturning Supreme Court Precedents [No. 86]

Рет қаралды 109,287

5 жыл бұрын

Why does the Supreme Court sometimes ignore precedent and overrule prior decisions? Roger Pilon, Cato Institute, explains under what circumstances the Court might forego the principle of "stare decisis" when it comes to a matter of changing circumstances, workability, or injustice.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Roger Pilon:
www.cato.org/people/roger-pilon
Related links:
What Is Stare Decisis? [No. 86]
• Stare Decisis: What Is...
Differing views:
What We Can Learn About Stare Decisis (Respect for Precedent) from the Last Supreme Court Term
verdict.justia.com/2018/08/06...
The Stare Decisis Court?
reason.com/volokh/2018/07/08/...
The prominence and fragility of stare decisis
www.ocregister.com/2018/10/22...
Empirical SCOTUS: The strength of precedent is in the justices’ actions, not words
www.scotusblog.com/2019/01/em...
Stare Decisis and Judge-Made Law
reason.com/volokh/2018/06/21/...
How stare decisis Subverts the Law
www.constitution.org/col/0610...
Symposium: The importance of respecting precedent
www.scotusblog.com/2017/12/sy...

Пікірлер: 7

@1999convert 4 жыл бұрын

*"righting the wrongs" (not "writing") @2:48 We're comin' for Roe v. Wade...

@icecreamforcrowhurst 2 жыл бұрын

Who is ‘we’? Do you mean activist judges? The current court is actively undermining the law and subverting democracy. It’s pretty shocking. As with all historical wrongs there will come a reckoning, maybe not in our lifetime but it *will* come. The arc of the moral universe bends toward justice.

@robinhood20253 Жыл бұрын

Shame on you. When will we overcome the institutions that seek to deprive women of basic human rights and the dignity of control of her reproduction. Chattel slavery is immoral and forced birth does not protect life, liberty and pursuit of happiness. We will reinstste our bodily autonomy. This decision may have been the fatal blow that brings forth the death of mass religion. Do not worry , women will be far kinder than you have been to us .

@evanp9235 5 ай бұрын

glad to say that this aged well