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What in the world is “zombie precedent”?
It may be Christmas and Hanukkah season, but I’ve got a Supreme Court ghost story to tell. It comes from Justice Antonin ...
Editor’s Note: On Tuesday, Supreme Court Chief Justice John Roberts confirmed the authenticity of a leaked draft of a decision that would appear to place the future of abortion rights, and in ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple formula for the amount of deferential weight he gives a precedent of the U.S. Supreme Court: how much he ...
Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to ...
Which legal decisions can be used as a precedent, and which cannot? The question was raised in a piece in The New York Times this week about the Bush v. Gore case that decided the 2000 election. Legal ...
The first Monday in October commences a new United States Supreme Court term. This term, the court will hear many significant cases. However, the Supreme Court’s own reputation will also be up for ...
For decades, nominees to the Supreme Court have had to answer questions about Roe v. Wade, the landmark 1973 ruling that, until now, guaranteed the right to abortion in the U.S. "Several of these ...
Supreme Court Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett all stressed the importance of precedence during Senate confirmation hearings. Each said Roe v. Wade is a precedent, but ...
Separate opinions in a case show nine justices pursuing agendas far removed from the dispute at hand. By Linda Greenhouse Contributing Opinion Writer The country wasn’t exactly holding its breath for ...
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