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The Doctrine of Stare Decisis: Exploring Its Impact on U.S. Law

 
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Exploring the effects of the legal principle of stare decisis on U.S. law.

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,"Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The doctrine of stare decisis...","Lawmakers and activists have long argued that the Supreme Court should reconsider stare decisis, the principle that judges should adhere to precedent..." The Supreme Court of the United States has long relied on the doctrine of stare decisis when ruling on cases. But what is stare decisis, and why is it so important to U.S. law? The Latin phrase, meaning “to stand by things decided,” is a legal principle that directs courts to follow the rules of prior decisions unless there is a “special justification” for departing from them. This doctrine has been relied upon for centuries, and it has been a cornerstone of the U.S. legal system for much of the nation’s history.

The U.S. Supreme Court has long recognized the importance of the doctrine of stare decisis. In thousands of rulings over its storied history, the Court has broken with stare decisis, the doctrine of respecting prior decisions, only when it finds that the prior decision was clearly wrong or is no longer applicable. The Court applies the doctrine of stare decisis by following the rules of its prior decisions unless there is a “special justification” for departing from them.

When the Supreme Court follows its own prior decisions, it is said to be adhering to the doctrine of stare decisis. This doctrine serves a number of purposes. First, it serves as a check on the power of the judiciary. By respecting prior decisions, the Court limits its own power and preserves its independence from other branches of government.

Second, the doctrine serves to promote predictability and stability in the law. By following the rules of prior decisions, the Court helps to ensure that the laws of the United States remain consistent over time. This, in turn, allows those affected by the law to plan their affairs with greater certainty.

Third, the doctrine of stare decisis helps to ensure that judges and Supreme Court justices are making decisions in an evenhanded, impartial manner. Following the doctrine of stare decisis helps to ensure that when judges and Supreme Court justices are making decisions, they're not swayed by personal or political considerations. Instead, they must base their decisions on the law as it has been established by prior decisions.

In recent years, there has been some debate over the role of stare decisis in the U.S. legal system. Lawmakers and activists have long argued that the Supreme Court should reconsider stare decisis, the principle that judges should adhere to precedent. They argue that the Court should be more willing to break with prior decisions when it believes those decisions were wrongly decided.

At the same time, there are those who believe that the doctrine of stare decisis is a vital part of the U.S. legal system and that it should be respected. They argue that by following the rules of prior decisions, the Court helps to ensure that the laws of the United States remain consistent over time and that judges and Supreme Court justices are making decisions in an evenhanded, impartial manner.

The decision to rehear cases also raises important questions about respect for precedent (often called stare decisis). According to Chisum on Patents, “Federal Circuit decisions decline to give great weight or stare decisis effect to prior validity rulings.” For example, the Court recently declined to give stare decisis effect to a prior decision in which it had upheld a patent.

Ultimately, the doctrine of stare decisis is an important part of the U.S. legal system. By following the rules of prior decisions, the Court helps to ensure that the laws of the United States remain consistent over time and that judges and Supreme Court justices are making decisions in an evenhanded, impartial manner.

Labels:
stare decisisu.s. lawsupreme courtdoctrineprecedentrespectpredictabilitystabilityevenhandedimpartiallawmakersactivists

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