Tag Archives: Stare decisis
Dobbs Sentences #214: Part III
Paragraph 2 of 8 Sentence 6 of 6 This sentence contains three claims: “Therefore, in appropriate circumstances we must be willing to reconsider and, if necessary, overrule constitutional decisions.” The claims: I include the first word as a claim because it asserts that these two claims are true because of the claims in the preceding […]
Dobbs Sentences #212: Part III
Paragraph 2 of 8 Sentence 4 of 6 Just one claim in this sentence: “In addition, when one of our constitutional decisions goes astray, the country is usually stuck with the bad decision unless we correct our own mistake.” Slightly altered for isolation: Whether the Court acts or doesn’t act, the country is stuck with […]
Dobbs Sentences #210: Part III
Paragraph 2 of 8 Sentence 2 of 6 Just one claim in this sentence: “It has been said that it is sometimes more important that an issue ‘“be settled than that it be settled right.”’ Kimble, 576 U.S., at 455 (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., […]
Dobbs Sentences #209: Part III
Paragraph 2 of 8 Sentence 1 of 6 This sentence has three claims: “We have long recognized, however, that stare decisis is ‘not an inexorable command,’ Pearson v. Callahan, 555 U. S. 223, 233 (2009) (internal quotation marks omitted), and it ‘is at its weakest when we interpret the Constitution,’ Agostini v. Felton, 521 U.S. […]
Dobbs Sentences #208: Part III
Paragraph 1 of 8 Sentence 8 of 8 This sentence is two claims: “Precedent is a way of accumulating and passing down the learning of past generations, a font of established wisdom richer than what can be found in any single judge or panel of judges.” N. Gorsuch, A Republic, If You Can Keep It […]
Dobbs Sentences #207: Part III
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: Both of these claims involve the thoughts and emotions of Supreme Court Justices, and I’m just not […]
Dobbs Sentences #206: Part III
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: We just quoted this passage for the last sentence, but here it is again: “Stare decisis is the preferred course, because it promotes the evenhanded, predictable, […]
Dobbs Sentences #205: Part III
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.” Since the point has been made that stare decisis isn’t an “inexorable command,” I feel like the word “requiring” misstates the reality here. […]
Dobbs Sentences #204: Part III
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: Another partial definition of stare decisis. The citation in Kimble first references Payne before delivering the relevant […]
Dobbs Sentences #203: Part III
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: This […]
Cynical Jason 