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Stare Decisis and the Roberts Court
The doctrine of stare decisis is deeply contested in the Roberts Court. Although all of the Justices profess to respect stare decisis, some commentators describe the actual force of the doctrine as vanishingly weak in the Supreme Court. Others believe that the doctrine abets rather than constrains judicial discretion by allowing the Justices to adhere even to mistaken precedents that they like while leaving them free to jettison precedents, such as Roe v. Wade, of which they disapprove. This diverse and distinguished panel will address both positive questions involving the role that stare decisis plays in the Supreme Court today and normative questions concerning the constraining force, if any, that the doctrine ought to exert.

Oct 3, 2022 12:30 PM in Eastern Time (US and Canada)

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