Student justice Nov 9, 2007
But don't forget to follow "stare decisis.". These simulations are part of a whole semester assignment. (Daily Orange, NY)
My Grandfather's Son and The Nine: Revealing a Life and a Court Oct 13, 2007
When I pointed out to him that it is hard to credit Justice Breyer's pean to stare decisis at the conclusion of last term when Justice Breyer bemoaned the Court's upholding of the federal statute banning partial birth abortion in what Breyer said was a break with binding precedent, Toobin concurred. "[I]ts not terribly persuasive to hear Justice Breyer talk about stare decisis," Toobin replied, "as he did at great length and with great emotion last June at the end of the Supreme Court term,... (Townhall.com)
Reading the Roberts Court Aug 17, 2007
The stare decisis [doctrine] in the constitutional area means relatively little these days in particular, and so it opens the door to all kinds of fascinating issues under the 14th Amendment and other constitutional provisions. MAURO: So the fact that Kennedy in the race cases and perhaps Alito and Roberts in some of the other cases weren't as willing to go all the way as the conservatives were, that doesn't mitigate the point that the Court has still gone very far [to the right. (Law.com)
HUMAN EVENTS Interview with Congressman Ron Paul, Texas Aug 7, 2007
RED STATE: Congressman, Senator Spector said the other day he wanted to go back and review Justices Alito and Roberts testimony to see if they were misled on the issue of Stare Decisis and I was wondering looking at this last Supreme Court term, are you happy with the Alito, Roberts picks. Would you continue the trend of picking justices like that. (Human Events Online)
Court Bashing Aug 6, 2007
Alito called stare decisis [respect for precedent] a very important doctrine, although it was not an inexorable command. I agree that, in every case in which there is a prior precedent, the first issue is the issue of stare decisis, Alito said. (Human Events Online)
The Pagan Parking Case Jul 31, 2007
The sound doctrine of stare decisis, which is standing by precedent, can also be a problem if judges find the judiciary more authoritative than the Constitution itself. Perhaps some judges protect the grandeur of the judiciary more than the First Amendment. (Human Events Online)
Schumer: Democrats Will Block All Bush Judges... Jul 28, 2007
Breyer has publicly raised concerns that conservative justices were violating stare decisis, the legal doctrine that, for the sake of stability, courts should generally leave precedents undisturbed ... It's funny how liberals are complaining about the concept of stare decisis ... Every landmark liberal opinion handed down by the supreme court has been a bucking of stare decisis. (The Drudge Report)
Parents sent to prison for fatal scalding Jul 18, 2007
researcher wrote on Jul 17, 2007 11:32 PM:" the previous article stated the mother lied ansd said she took the baby to the hosp in indianapolis, what was the cover up about.This must be a case of stare decisis how other decisions were made with similiar cases cause 2 years is nothing ". Jada's cousin wrote on Jul 17, 2007 5:04 PM:" poor jada it was so unfair to you. ". (Munster Times, IN)
Don: Lower courts cant overturn superior judgment Jul 15, 2007
I want to clarify, however, I am not an admirer of the doctrine of stare decisis (binding precedent) which is a peculiarity of English common law but not in the United States, Europe or the Islamic legal system ... However, while Justices Md Raus Sharif and Hasan Lah called for a review of the 2000 decision, saying they were bound by the doctrine of stare decisis (binding precedent), Justice Gopal Sri Ram, the senior-most judge in the Court of Appeal, said in a separate judgment there was no... (The Star Online, Malaysia -- News)
Letters to the Editor Jul 7, 2007
Editor -- Those of us on the political right cannot but view with amusement the newly developed affection for the judicial doctrine of stare decisis expressed by the political left (Editorial, "Supreme Court's unsettling turn," July 5). For decades, the left scorned stare decisis as the U.S. Supreme Court overrode precedent after precedent to create rights or find rights not enumerated in the Constitution. (San Francisco Chronicle)
Supreme Court's unsettling turn Jul 6, 2007
THE TERM "stare decisis" came up often during the confirmation hearings of U.S. Supreme Court Justices John G. Roberts and Samuel Alito. The upshot was that Roberts generally seemed more inclined than Alito to defer to precedent, the principle of "stare decisis," meaning "let the decision stand." As Alioto put it during his hearings, stare decisis is "not an inexorable command.". (San Francisco Chronicle -- Opinion)
Supreme Court tilt to right had its limits Jul 2, 2007
"But laying just claim to be honoring stare decisis [i.e., respect for precedent] requires more than beating Flast to a pulp and then sending it out to the lower courts weakened, denigrated, more incomprehensible than ever, and yet somehow technically alive.". He adds, "We had an opportunity today to erase this blot on our jurisprudence, but instead have simply smudged it.". (Yahoo News -- Politics)
Read the decision Jun 29, 2007
(c) Stare decisis does not compel continued adherence to the per se rule here ... Respondent's arguments for reaffirming Dr. Miles based on stare decisis do not require a different result ... So there is an argument for its retention on the basis of stare decisis alone. (USA Today -- Money)
Supreme Court Loosens Limits On Political Ads Jun 26, 2007
" The campaign finance case brought another dissent read from the bench by a member of the court's liberal wing - the fourth this year - eager to draw attention to what they say is a majority too willing to jettison the court's past rulings. "The court (and, I think, the country), loses when important precedent is overruled without good reason, and there is no justification for departure from our usual rule of stare decisis here," Justice David Souter wrote for the other dissenters in the case.... (Tampa Bay Online, FL -- News)
Justice O'Connor on 'FNS' May 21, 2007
" Does that sound like the Ronald Reagan you knew? O'CONNOR: It does. WALLACE: What stands out in your memories of former President Reagan? O'CONNOR: That he was a marvelous leader. President Reagan had a manner about him that made people like and respect him. He just spoke well, and he had a clear vision of the major things that he wanted to accomplish, and he focused on it, and he expressed his ideas well. And he was just a very effective president, I thought. WALLACE: I want to go back to... (Fox News -- Politics)
O'Connor: Court criticisms unjustified May 21, 2007
But federal courts, too, play a role in fostering public credibility by generally adhering to "stare decisis," or settled precedent, O'Connor said ... In the interview, O'Connor said she is working to put together a website aimed at junior high and high school students that will seek to instill respect for the judicial process, including "stare decisis" and the court's power to overturn actions by the legislative or executive branch that impinge on individual freedoms such as speech, religion... (USA Today -- News)
Giuliani and abortion May 11, 2007
On the blog now: Updated at 8:01 AM. Updated: 2:37 AM 05/11/07. (Townhall.com)
Hugh Hewitt May 4, 2007
I can see conservative, strict constructionist judges coming to the conclusion that it should be overturned, or I could see some of them coming to the conclusion that its been the law for a substantial period of time, it is precedent, and applying stare decisis. So its not a litmus test. (Townhall.com)
Alarming: The Dissent's Opinion in Gonzales v. Carhart May 1, 2007
" So there! Second, they believe that a door has been left opened by the Court for a new challenge: If there is anything at all redemptive to be said of today's opinion, it is that the Court is not willing to foreclose entirely a constitutional challenge to the Act. 'The Act is open,' the Court states, 'to proper as-applied challenge in a discrete case.' So Justice Ginsburg has issued a call to arms, inviting more challenges in order to strike this horrible law: One may anticipate that such a... (Townhall.com)
Kennedy Reshapes Abortion Conflict as He Refines 'Swing Vote' Role Apr 21, 2007
Ginsburg, who has spoken of her loneliness on the bench as the Court's only woman justice, somberly read from her dissent: "Though today's opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of 'the rule of law' and the 'principles of stare decisis.' ". In what could be viewed as a prayer that no more Bush appointees join the Court, Ginsburg... (Law.com)
Gandy: Supreme Court Abortion Ruling Apr 20, 2007
"Though today's opinion does not go so far as to disregard Roe or Casey, the Court, differently composed that it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of the 'rule of law' and the 'principles of stare decisis.'". . (Zmag.org)
Ruthless Feminism Apr 20, 2007
On display in Ginsberg s dissent is a lavish and hypocritical deference to stare decisis, which translates as: rulings I and my liberal cohorts didn't overturn. The willfulness of her dissent invites the question: Why are her assertions normative and her predecessors' or dissenting colleagues' not. (Human Events Online)
Pro-lifers praise Constitution-based ruling to ban partial-birth abortion Apr 19, 2007
Being unconstitutional is un-American," he said. Opponents of partial birth abortion describe it as a barbaric procedure in which an unborn child is partly delivered, then killed by making an incision in the head and vacuuming out the brain before the delivery is completed. After being signed into law in 2003, the measure immediately was attacked by the abortion industry, and two federal appeals courts, the 8th Circuit and the 9th Circuit, concluded it interfered with a woman's right to... (WorldNetDaily)
High Court for Atiku, But INEC Follows Superior Court Apr 4, 2007
"We all know what the principles of 'stare decisis' portends. That the judgment of the superior court will always be held over judgment of the lower court.". Accordingly, he said "So, we will continue to look at the judgment of the Court of Appeal until again the Court of Appeal or any higher court says contrary to the Court of Appeal judgment.". (allAfrica.com)
Keeping The Pro-Life Movement Alive Jan 23, 2007
e., without the added legal doctrine of stare decisis abortion jurisprudence is a house of cards) and the overturning of Roe is inevitable. Ultimately, the realization that the radical ideology behind the abortion industry is bankrupt morally, culturally, economically, and spiritually will lead to the collapse of the current abortion regime, just as surely as the deadly decay and false reality of Marxism led to the fall of the Soviet Union. (CBS News)
Exclusive: David Kupelian on how Supreme Court 'discovered' right to destroy babies Jan 22, 2007
Next time there's a Supreme Court nominee confirmation hearing, instead of genteel debate couched in bloodless and obtuse code words like "stare decisis" and "privacy," we should have a knock-down drag-out fight in the U.S. Senate about abortion, with 100 million people watching on broadcast and cable TV.. Let's have a true national discussion for the first time. (WorldNetDaily)
Happy Birthday, Roe v. Wade: Jan 20, 2007
Coming from the Latin for "to stand by things decided," stare decisis is a hoary common-law principle ... As the joint Casey opinion observed, "no judicial system could do society's work if it eyed each issue afresh in every case that raised it." On the other hand, as the opinion recognized, stare decisis has never been deemed an "inexorable command." As Oliver Wendell Holmes Jr. once observed, "It is revolting to have no better reason for a rule of law than that so it was laid down in the time... (Slate)
Doctor, There's a Lawyer in My Womb: Nov 11, 2006
The larger constitutional disputes over the authority of the courts versus Congress are largely bypassed today, as are complicated matters of prior precedent and stare decisis. To be sure, there are some moments of high drama in the first argument, , the appeal from the 8th Circuit. (Slate)
Supreme Court Debates Best Method to Execute a Baby Nov 10, 2006
First, the pro-abortion side failed to emphasize stare decisis. In a debate last week on C-SPAN, and in conversations in the hallway before the argument, abortion advocates rather forcefully contended that this case is just like Stenberg v. Carhart, already decided in 2000, and that the only difference is the composition of the court. (Human Events Online)
Justice Kennedy in the Spotlight During Abortion Arguments at High Court Nov 9, 2006
Striking down the law and upholding Stenberg, Smith told the Court, was the only course of action that "preserved judicial independence, that exemplifies the importance of stare decisis, not to mention the only course that will protect women from needless risks of uterine perforation, infertility, sepsis, and hemorrhage.". But the justices asked no questions relating to the issue of congressional defiance of the Court, sticking with medical questions throughout. (Law.com)
All Eyes on Kennedy in Court Debate On Abortion Nov 9, 2006
"Roberts might be convinced by stare decisis," the legal principle that favors sticking with established precedent, Karlan said. Liberal Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer were in the majority in Stenberg and are unlikely to switch. (Yahoo News -- Abortion Rights Debate)
Roberts court faces first abortion cases Nov 8, 2006
That's why, during their confirmation hearings, Judges Roberts and Alito were asked early and often about abortion and the legal concept of enforcing existing precedents known as stare decisis ... But he added, "The principles of stare decisis [also] recognize that there are situations when that's the price that has to be paid.". (Christian Science Monitor)
Abortion nimbleness Nov 7, 2006
The doctrine of stare decisis instructs the Supreme Court to follow its Roe-Casey holdings absent a showing of clear error, as when Brown v. Board of Education (1954) overruled the separate-but-equal doctrine of Plessy v. Ferguson (1896) ... He first insisted Roe should be left undisturbed in reliance on stare decisis: "The court has taken the position, which I agree, stare decisis, which means that the law is as it is." But the candidate immediately retreated by insinuating states are properly... (Washington Times, DC)
Roberts, Alito Will Decide Limits on Punitive Damages at U.S. High Court Oct 30, 2006
And both Roberts, 51, and Alito, 56, pledged after they were nominated to respect ``stare decisis,'' the principle that the court generally won't disturb its settled precedents ... Both Chief Justice Roberts and Justice Alito have made clear that they place great weight on stare decisis and precedent,'' Boutrous said. (Bloomberg -- US)
Justices to Hear Abortion, Integration Cases Oct 3, 2006
In response, Roberts and Alito pledged to take due account of stare decisis , the rule that says the court should avoid overruling past decisions. So this term will be closely watched not only for the results the court reaches, but for how it reaches them. (Yahoo News -- Supreme Court)
PAPER: Rise of a new centrist on Supreme Court? Oct 2, 2006
Constitutional scholars and other analysts are watching closely to see if respect for legal precedent - the principle of stare decisis - emerges as a defining approach, or whether the Roberts court will seek to build on the conservative agenda of the Rehnquist court, with sweeping rulings that erode or erase liberal precedents ... If he adheres to his strongly held belief in stare decisis - affirming precedent even when a justice disagrees with it - the federal law will be struck down ... In... (The Drudge Report)
New Supreme Court Session To Tackle Abortion, Race Cases Oct 2, 2006
" In a brief on behalf of several doctors challenging the ban, the Center for Reproductive Rights told the court that it owes Congress no deference on issues of medical practice, and that the administration's suggestion that Stenberg may be overruled "demonstrates an inadequate regard for the societal values held safe by the principles of stare decisis. " Taking up race-conscious public school assignments was a surprise, however. The justices had turned down a similar case a few months earlier,... (Tampa Bay Online, FL -- News)
Abortion, Race Cases Test Roberts, Alito Stances on U.S. Court Precedents Sep 27, 2006
The ruling relied heavily on ``stare decisis,'' the notion that justices should be slow to overturn settled precedents ... Justice Stephen Breyer's lead opinion invoked the stare decisis principle in refusing to let a state impose spending limits on candidates. (Bloomberg -- US)
Court: Appointment invalid Sep 7, 2006
It is absolutely necessary for us to make this clarification in order to prevent the High Court from declaring a judgment of the Court of Appeal or the Federal Court based on an award of the respondent (Rajasegaran) as illegal and thereby being of no binding effect in total disregard and blissful ignorance of the doctrine of stare decisis (a trial court to stand by a decision of a superior court), he said. The Court of Appeal, on March 24, 2005, allowed Rajasegarans appeal and reversed the... (The Star Online, Malaysia -- News)
Saying 'no' to Vermont Jun 27, 2006
Today's Globe Opinion Politics Magazine Education Science NECN Special reports Obituaries. STATES ARE the laboratories of democracy unless someone in Washington doesn't like what's in the test tube. (Boston Globe -- Editorial)
Henry Mark Holzer May 9, 2006
Both of these justices are strong believers in the jurisprudential principle of stare decisis ... Thomas, on the other hand, though also respecting stare decisis, was willing to go further: Given their indefensible foundations, Thomas wrote, I would be willing to reconsider Griffin and Carter in the appropriate case. (FrontPage Magazine)
Judge Pickering Wants Constitutional Amendment to Stop 'Politicized Judiciary' May 5, 2006
This amendment does not affect the weight to be given prior decisions under the doctrine of stare decisis ... These decisions will be left subject to stare decisis. (Human Events Online)
Justice Thomas keeps the flame Apr 27, 2006
The controversy that surrounds him does not even stem from his gutsy willingness (his respect for stare decisis notwithstanding) to publicly criticize Supreme Court precedent, including the methodology used by the Warren Court in rendering its unanimous decision in Brown vs. Board of Education of Topeka, Kansas (1954). Justice Thomas is controversial for mainly one reason: He is a black conservative jurist who sticks to his guns and stands by his convictions. (Townhall.com)
CHARLES W. PICKERING SR.: Bench repair Mar 26, 2006
To do so, I propose a constitutional amendment providing: "The Constitution and the amendments thereto duly adopted in the future may be changed, modified, amended or added to only by amendment duly adopted as outlined in Article V of the Constitution. Neither the Supreme Court nor the inferior courts will create law, change, modify, amend, or add to the Constitution, but will interpret the Constitution and amendments in accordance with the common understanding of the relevant provision at the... (Washington Times)
SUZANNE FIELDS: A man's a man, for all that Mar 16, 2006
No stare decisis at the hearth. Harvey C. Mansfield, a Harvard scholar of political philosophy, thinks he has identified a "masculinity crisis." The confusion over sexual roles has been exacerbated by contemporary feminism, he says, but it's more complicated than that. (Washington Times)
Decision to Hear Case May Signal New Direction for Supreme Court on Abortion Issue Feb 22, 2006
In his confirmation hearing, Alito testified that while he supported the principle of stare decisis, or respect for precedent, he refused to say that Roe vs. Wade was entitled to any special protection. But as a 3rd Circuit federal appeals judge, Alito twice voted to strike down restrictions on abortion. (ABC News - Politics)
The Most Awkward Aspect of Blogging Feb 19, 2006
Not being a lawyer, I don't mind being "wrong" about the law on occasion, because that usually just means I disagree with it, or the court's interpretation, and I don't hold out my blogging as having any basis in stare decisis. When I'm corrected on legal interpretation or even factual errors I truly welcome it because often I'm blogging on stuff I'm trying to work through myself, not things I know everything about. (Blawg)
Balkin's In defense of underlying principles Feb 10, 2006
The Case for Strong Stare Decisis, or Why Should Neoformalists Care About Precedent. Part I: The Three Step ArgumentPart II: Stare Decisis and the RatchetPart III: Precedent and Principle. (Blawg)
Party-Line Vote Sends Alito to Full Senate Jan 25, 2006
"On the issue of a woman's right to choose, it is my judgment that he went as far as he could go. He emphasized the factor of stare decisis and precedents, and the reliance factor.". Sen. (Orlando Sentinel)
Did Democrats Seal Their Defeat in Alito Hearings? Jan 21, 2006
They discussed obscure constitutional theories, the scope of executive power, the role of foreign law in Court deliberations, stare decisis and privacy -- again and again and again. Alito fended them all off with the same sturdy stiff-arm. (Law.com)
Alito and Vote-Counting Jan 20, 2006
There is something arguably odd about the defenders of "stare decisis" distinguishing precedents based 0n vote-counts (since reliance and uniformity are central rule of law values for this group); but it is not altogether inconsistent. It is just rare that anyone openly articulates this idea, so I thought it would be useful to comment upon it here. (Blawg)
Would a Justice Alito Carry On the Reagan Revolution? Jan 19, 2006
On the recurring issue of precedent -- rarely before has the Latin phrase stare decisis been bandied about so much on cable television -- Alito carefully modulated his responses depending on what precedent he was being grilled about. Alito said he was comfortable commenting on cases that were unlikely to be challenged anytime soon, and he cited the "one man one vote" rulings as well as Brown v. Board of Education, which ordered an end to segregated schools, and even Griswold v. Connecticut,... (Law.com)
Feinstein Wimps Out on Alito. Dem's Still Have a Lot to learn About Winning 1/17 Jan 17, 2006
aggressive questioning, Alito said: "If 'settled' means that it can't be reexamined, then that's one thing. If 'settled' means that it is a precedent that is entitled to respect . . . then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis." In Latin, stare decisis is traslated to "to stand by that which is decided.". I cannot imagine a scenario more grave than a Supreme Court led by a majority of Alito, Roberts, Kennedy, Scalia and Thomas. (NewsIsFree-Popular)
Alito vs. Roberts, word by word Jan 16, 2006
If 'settled' means that it is a precedent that is entitled to respect as stare decisis and all of the factors that I've mentioned come into play then it is a precedent that is protected, entitled to respect. " Roberts: "It's settled as a precedent of the court, entitled to respect under principles of stare decisis ... " Both engaged in Clintonian hairsplitting about what, precisely, "settled" means. Chief Justice Roberts seemed to reaffirm that Roe was a "settled precedent," but left himself... (International Herald Tribune)
Alito Almanac: Confirmation and Crisis Jan 15, 2006
On abortion rights alone, Alito--as Harvard's Lawrence Tribe pointed out on Friday--"dramatically misstated the current state of law." As Tribe pointed out, Alito described the Supreme Court's crucial 1992 reaffirmation of Roe in Planned Parenthood v. Casey--a case on which Alito himself had ruled--as hinged on the principle of stare decisis, the stability of precedents. In fact, as Tribe pointed out, Casey set out a second principle, argued with clarion passion by Justices O'Connor, Souter and... (The Nation.)
The Senators and Mr. Vague Jan 14, 2006
But then again, they surely couldn't use the concept of stare decisis as a stiff arm as confidently as Alito ... I think the doctrine of stare decisis is a very important doctrine ... Well, reliance is, as you mentioned, Mr. Chairman, one of the important foundations of the doctrine of stare decisis. (Village Voice)
Berman on Lesser Evils Jan 13, 2006
The Case for Strong Stare Decisis, or Why Should Neoformalists Care About Precedent. Part I: The Three Step ArgumentPart II: Stare Decisis and the RatchetPart III: Precedent and Principle ... Posted by Lawrence Solum at Alito on Precedent (Duper) PrecedentI'm listening to the Alito hearings as Senator Specter asks Judge Alito about the doctrine of stare decisis. (Blawg)
A right cautious nominee Jan 13, 2006
Stare decisis , the notion that past decisions generally should be followed to avoid legal instability, "is not an inexorable command," Alito said. But long-standing decisions such as Roe should not be overturned absent some "special justification," he said. (MSNBC)
Tempers flare at Alito hearings Jan 13, 2006
If "settled' means that it is a precedent that is entitled to respect . . . then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis." Stare decisis is a legal principle that, in Latin, means "to stand by that which is decided.". Alito told several senators that he felt constrained from saying whether he regards Roe as settled because abortion remains a live issue in the courts. (Buffalo News)
Alito Testimony Swings Pro-Choice GOPers -- Against Him (The Nation) Jan 13, 2006
then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis" -- Alito went out of his way to maintain the option of revisiting Roe and, potentially, reversing it. Earlier in the hearings, Alito told Judiciary Committee chair Arlen Specter, R-Pennyslvania, that, if he is confirmed, he will "approach the (choice) question with an open mind. " But Alito, who as a member of the Reagan administration in the 1980s asserted that there was no Constitutional... (RSS - Yahoo News - Opinion/Editorial)
Nominee splits hairs on 'privacy rights' Jan 12, 2006
"Instead, Alito parried questions about his current views by discussing the approach he would use if an abortion case came before him.He repeatedly stressed he would begin by examining the value of ''stare decisis," the principle that the Supreme Court should generally follow its past decisions and not reverse its precedents lightly. Alito said it would be important to consider the degree to which people had come to rely on a decision. (Boston Globe)
Sparks Fly on Third Day of Alito Confirmation Jan 12, 2006
" "I don't think it's appropriate for me to speak about issues that will come up," Alito said. Throughout the hearings, some Republicans have taken exception to the notion that the abortion precedent could not be overturned. "Our founders didn't say you have to use stare decisis in this, did they. " Coburn asked, holding up a copy of the Constitution. Graham warned his colleagues to not base their vote on Alito solely on the abortion issue and noted that Justice was approved by a Senate vote of... (Fox News -- Headlines)
Democrats Press Alito on Conservative Background Jan 12, 2006
Alito once again refused to say what his opinion on the matter is today, although he repeated his promise to follow the pattern he laid out in Tuesday's testimony: Once he'd viewed the case through the lens of stare decisis, he would approach the case "the way I approach every legal issue ... and that is to approach it with an open mind and to go through the whole judicial process.". Kennedy's questioning of Alito on his membership in the Princeton alumni group led to a brief but heated argument... (Law.com)
Alito holds his ground on 'Roe' Jan 12, 2006
"If settled means that it is a precedent that is entitled to respect as stare decisis and all of the factors that I've mentioned come into play, including the reaffirmation and all of that, then it is a precedent that is protected.". Alito, now a judge on the Philadelphia-based U.S. Court of Appeals for the Third Circuit, repeated that he could not go further because abortion litigation was constantly appearing before the Supreme Court and that it would be inappropriate to commit himself on a... (Philly.com -- News)
Emotions Boil Over At Alito Hearing Jan 12, 2006
then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis. " Stare decisis is a legal principle that, in Latin, means "to stand by that which is decided. (Tampa Bay Online -- News)
