It is helpful to understand what stare decisis is, how it operates, and what its limits are when we discuss its role in our legal system. This content has been archived.

(NEW YORK) -- In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting prior decisions, just 145 times in cases requiring ...

In thousands of rulings over its storied history, the U.S. Supreme Court has broken with stare decisis, the doctrine of respecting prior decisions, just 145 times in cases requiring interpretation ...

Hence, an overly muscular statutory stare decisis violates the constitutional separation of powers. Ironically, just as the Court started this mess, it has the power to fix it. That will take courage.

One of the most frequently cited civil opinions in California is Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, a state Supreme Court case instructing lower courts to follow ...

But stare decisis is not only in the public’s interest. It is—or perhaps was—in the Supreme Court’s interest as well.

I believe that the simplest and most straightforward way for the Court to decide the Harvard and UNC racial-preference cases is to apply Title VI.

The court is supposed to abide by the principle of stare decisis — which literally means “to stand by things decided.” As Alexander Hamilton explained, adherence to precedent was necessary “to avoid ...