Essay on stare decisis

Indeed, you can list Supreme Court case after Supreme Court case that virtually any Democrat would eagerly say should have been overruled, no matter its age or influence. Would Dianne Feinstein’s respect for Bowers v. Hardwick (holding that there was no constitutional right to engage in sodomy) have increased merely because of the passage of time? Does age improve the holdings of Dred Scott , which helped launch the Civil War, or of the Korematsu decision, which validated Japanese internment? Indeed, the latter precedent has never been specifically overturned . The passage of time and the number of cases citing a precedent’s reasoning have nothing at all to do with its validity.

Essay on stare decisis

essay on stare decisis

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