A bedrock legal doctrine called "stare decisis," Latin for "to stand by things decided," calls upon courts to respect their prior precedents when resolving new cases on similar matters. A basic tenet ...
It may be Christmas and Hanukkah season, but I’ve got a Supreme Court ghost story to tell. It comes from Justice Antonin ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
Editor’s Note: On Tuesday, Supreme Court Chief Justice John Roberts confirmed the authenticity of a leaked draft of a decision that would appear to place the future of abortion rights, and in ...
David Schultz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond ...
The first Monday in October commences a new United States Supreme Court term. This term, the court will hear many significant cases. However, the Supreme Court’s own reputation will also be up for ...
Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple formula for the amount of deferential weight he gives a precedent of the U.S. Supreme Court: how much he ...
Will Kenton is an expert on the economy and investing laws and regulations. He previously held senior editorial roles at Investopedia and Kapitall Wire and holds a MA in Economics from The New School ...
Which legal decisions can be used as a precedent, and which cannot? The question was raised in a piece in The New York Times this week about the Bush v. Gore case that decided the 2000 election. Legal ...
Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to ...