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...
Qualified Immunity Won’t be Ended by the Federal Courts
Two more cases in the federal court system – and both times the judges agreed that rights were violated, but granted qualified immunity to police anyway. Path to Liberty: August 26, 2020 https://traffic.libsyn.com/secure/tentherradio/path-082620.mp3Podcast: Play...
Allen v. Cooper: When is a Precedent “Extended”?
In 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. The opinion relied heavily on the Court’s...