Tag Archives: superprecedent

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 […]