I saw this post at the "Re's Judicata" blog, written by Prof. Richard Re (University of Virginia), and found it very interesting; I asked Prof. Re whether I could repost it, and he graciously agreed: ...
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 ...
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 ...
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 ...
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 ...
An increasingly conservative Iowa Supreme Court is casting a critical eye on its own prior precedents, and it's not limited to the hot-button question of abortion, a Des Moines Register analysis of ...
WASHINGTON — As the wait begins for a decision in the Dobbs v. Jackson Women’s Health Organization abortion case, close attention will be paid to the comments and questions of three conservative ...