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Stare Decisis

Deb discusses why Stare Decisis (Latin for Oops) is not always a great idea.

2 Responses to “Stare Decisis”

  1. Xrlq Says:

    I think “oops” is a bit overly broad. It’s not intended to be a face-saving doctrine, but one to promote predictability of the law. I think it makes less sense in a constitutional setting, where only the court itself has a realistic opportunity to fix its mistakes. But when interpreting statutes, why not? If the court misread the legislature’s intent, all it takes is a simple majority of the legislature to correct it.

  2. tgirsch Says:

    Egad, I agree (at least in part) with Xrlq. I think that makes three times now that this has happened.

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