A recent Fourth Circuit opinion about medical privacy provides a valuable lesson on how stare decisis can guide litigants through case law that is less than clear. In Payne v. Taslimi, which I argued ...
Edward v. Vannoy is a fascinating case. It reveals raw fractures on the Court between Justice Kagan and Justice Kavanaugh, and I would add Chief Justice Roberts. However, perhaps the most tiring ...
In today's notable voting rights decision in Allen v. Milligan, the Supreme Court reasserted its longstanding rule that there is a strong presumption against overruling statutory precedents. The Court ...
In a biting dissent two years ago, when the Supreme Court overturned a ruling from 1979, Justice Stephen Breyer wrote that the decision “can only cause one to wonder which cases the court will ...
The court cannot return to the same case and change its mind. And the legal doctrine of stare decisis — Latin for “let the decision stand”— means later members of the court are reluctant to ...
Washington — A draft opinion leaked and published late Monday suggests the Supreme Court may strike down its nearly five-decade-old ruling establishing the constitutional right to an abortion, a move ...
The Supreme Court has not heard arguments in a state secrets case in a decade, but this term, the justices will hear two, with the first taking place this morning. The last time the justices faced a ...
In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the reasons why the majority in 'Dobbs' concluded that the doctrine of stare decisis did not ...
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