Superficially, Bostock may seem like a triumph for textualism. It wasn't. Rather, Justice Gorsuch built a textualist edifice on top of non-textualist precedents from decades ago. His understanding of ...
As the Supreme Court wrestles with the Mississippi abortion law, the Latin phrase “stare decisis” is likely to keep coming up. The phrase, which roughly translates as “to stand by things already ...
Abortion rights are being wrestled with at the Supreme Court this week as the historic arguments took off Wednesday. The justices are looking at whether to uphold a Mississippi law banning abortion ...
This article adds to our discussion of "Stare Decisis in Federal and State Courts", New York Law Journal, Nov. 3, 2020. "Stare decisis is the doctrine which holds that common-law decisions should ...
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