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...
Stare Decisis: Precedent vs the Constitution
TAC membershipsย help us produce more educational tools like this. Members can download this video and readย the full transcript here. As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court...