Judicial Power to Deliberately Prolong a Misinterpretation of the Constitution Does Not Exist
During his 2018 confirmation hearing, Justice Brett Kavanaughย correctly explainedย where the duty to follow judicial precedent comes from: Precedent is not just a judicial policy. Precedent comes right from Article III of the Constitution. Article III refers to the...
Supreme Court, Precedent and the Constitution
Stare decisis is the doctrine of precedent – that a court should rule the way a previous court did – even when the judges of the second court disagree with the earlier. Is there a way to apply this doctrine without putting the precedent at a higher...
Allen v. Cooper: When is a Precedent “Extended”?
Inย Allen v. Cooper, decided Monday, the Supreme Court held unanimously (with some concurrences) that Congress lacked constitutional authority to abrogate state sovereign immunity for claims of copyright infringement.ย The opinion relied heavily on the Court’s...