Tag Archives: stare decisis

Super-Duper Precedent and the Kavanaugh Hearings

[S]tare decisis is neither an inexorable command, nor a mechanical formula of adherence to the latest decision, especially in constitutional cases. If it were, segregation would be legal . . . . —Citizens United v. FEC, 558 U.S. 310, 377 (2010) (Roberts, C.J., concurring) (cleaned up) ************************** The decision was 7-1. In the ensuing decades, it had been […]

The Feinstein Paradox

Judge Gorsuch’s nomination hearings began today. Much could be said given all that was uttered from the dais, but I’ll keep my powder dry regarding most of it. I would like to focus on one highlight, however – I’ll call it the Feinstein Paradox.* In her opening statement, Senator Feinstein highlighted “the 14 key cases […]