Paragraph 1 of 8 Sentence 7 of 8 This sentence contains two claims: “And it restrains judicial hubris and reminds us to respect the judgment of those who have grappled with important questions in the past.” The claims: “[Stare decisis] restrains judicial hubris.” Stare decisis “reminds us to respect the judgment of those who have […]
Earlier this week I was listening to Dahlia Lithwick’s Amicus podcast, and her guest was Ben Johnson, who has written about the Judiciary Act of 1925 and its corrosive effect on the integrity of the Court as a legitimate, authoritative judicial body. I was only half-listening, but I thought I heard Johnson say that the […]
Paragraph 1 of 8 Sentence 6 of 8 Once claim in this sentence: “It ‘contributes to the actual and perceived integrity of the judicial process.’ Ibid.” Restated for specificity: “[Stare decisis] ‘contributes to the actual and perceived integrity of the judicial process.’” We just quoted this passage for the last sentence, but here it is […]
Paragraph 1 of 8 Sentence 5 of 8 Three closely-related claims here: “It fosters ‘evenhanded’ decisionmaking by requiring that like cases be decided in a like manner. Payne, 501 U.S., at 827.” “[Stare decisis] fosters ‘evenhanded’ decisionmaking.” “[Stare decisis] requir[es] that like cases be decided in a like manner.” “[Stare decisis] fosters ‘evenhanded’ decisionmaking by […]
Paragraph 1 of 8 Sentence 4 of 8 I count two claims in this sentence: “It ‘reduces incentives for challenging settled precedents, saving parties and courts the expense of endless relitigation.’ Kimble, 576 U.S., at 455.” The claims: “[Stare decisis] ‘reduces incentives for challenging settled precedents,’” “[Stare decisis] ‘sav[es] parties and courts the expense of […]
Paragraph 1 of 8 Sentence 3 of 8 Just one claim in this sentence: “It protects the interests of those who have taken action in reliance on a past decision. See Casey, 505 U.S., at 856 (joint opinion); see also Payne v. Tennessee, 501 U.S. 808, 828 (1991).” Here’s the claim without the citations: “It […]
Paragraph 1 of 8 Sentence 2 of 8 This sentence contains three claims: “Stare decisis plays an important role in our case law, and we have explained that it serves many valuable ends.” The claims: “Stare decisis plays an important role in our case law.” “[W]e have explained that [stare decisis] serves many valuable ends.” […]
Paragraph 1 of 8 Sentence 1 of 8 The first section of Part III isn’t indicated by a letter, and I’m guessing it serves as an introduction. The topic of Part III is stare decisis, which addresses the concerns of Jackson Women’s Health Organization and the dissenters more directly than Part II’s history and tradition […]
I found a number of interesting claims in a Washington Post article written in May of 2022 by Gillian Brockell. She addresses some of the historical material the Dobbs majority discusses in the decision. About Matthew Hale: “At least seven times, Alito cited Sir Matthew Hale, a 17th-century jurist who didn’t think marital rape was […]
Part II is about history and tradition, which are both valuable if the history reveals good reasons for their preservation of tradition. On the other hand, if an idea appears in history without explanation, it’s just trivia. There’s a lot to dig into considering that out of 200 hundred sentences, most of which broke down […]
