STARE DECISIS - Lat. "to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.
To abide or adhere to decided cases. It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided, or contrary to principle.
The question arises because of Thomas' views on abortion among other things.
So if Thomas does not believe in stare decisis then he would not be compelled to adhere to Roe vs Wade. Aha!
1 comment:
He only believes in Stare Decisis for decisions he agrees with is a more accurate reading of his opinion on precedent. If hendisapproves of the precedent its not a precedent at all. In other words decisions that don't fit into his philosophical universe are to be treated with contempt and over turned if possible. Roe is in this category as is Griswold and others.
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