WTF - "stari decicus"???

[Maraya1969]

[AlCzervik]

1. Settled Law----Roe Vs. Wade.

[SlipperySlope]

7. Settled Law ---- Dred Scott v. Sandford

[SlipperySlope]

2. "look at the decision"

It means that lower courts are bound by upper courts, and that upper courts don't usually reverse themselves unless the new case is somehow different.

[unblock]

3. basically latin for "precedents matter"

[rusty charly]

4. Stare decisis

stare decisis
Stare decisis (Latin:, Anglicisation:, "to stand by things decided") (more fully, "stare decisis et non quieta movere") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.

This doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws.


Principle

The principle of stare decisis can be divided into two components:

The first is the rule that a decision made by a higher court is binding precedent which a lower court cannot overturn.

The second is the principle that a court should not overturn its own precedents unless there is a strong reason to do so and should be guided by principles from lateral and lower courts. The second principle is an advisory one which courts can and do occasionally ignore.

[Sandpiper]

5. It's Stare Decisis

It's a latin term that means "Let the Decision Stand."


It means that when a court hears a case, if a similar issue has already been decided, the court should look to the previous ruling in making its decisions.

[trof]

6. Alito doing the Fred Astaire on abortion. Schumer won't let go.

Is there a constitutional right to abortion?
Alito won't answer.

[SlipperySlope]

8. What would be the HONEST answer?

This is such a game...

[trof]

10. It is SUCH a game.

[SlipperySlope]

13. Schumer should just quote the part of the constitution protecting abortion

[tn-guy]

23. That would be a problem

Schumer can't quote that part of the constitution because it's not there. It's found in the "emanations from the penumbras".

OK. Flame away if you want to but unless your flame quotes the article and section you will have demonstrate that my assertion is correct.

After everyone is through flaming, I'll be happy to point out the section where it could have been found had the court been willing to be honest when deciding Roe v. Wade.

[SlipperySlope]

25. That was my point...

If we want it explicitly protected, we should make it explicitly stated.

Actually, I'd prefer to protect it as an unenumerated right, but nobody would go for that.

[trof]

9. Under stare decisis I guess we'd still have slavery?

Dred Scott?
No votes for women?
Am I really far off here?

[Sandpiper]

12. You're not far off

Under stare decisis, jim crow laws were legal per the court's 1896 decision in Plessy v. Ferguson.

Plessy established the doctrine of "separate but equal" which remained undisturbed for nearly 60 years until the Brown v. Board of Education decision in 1954.


It's also worth noting, that as a law clerk to Justice Jackson, a young lawyer named William Rehnquist wrote his boss a detailed memo about why Plessy was the correct decision when the court was considering the Brown case.

[Mr. Blonde]

21. Brown didn't overturn Plessy

It said that two separate classes are inherently unequal. If it were possible for them to be equal then they could stay separate. And of course in many places there is de facto segregation anyway.

[beaconess]

26. Brown expressly overturned Plessy

You're right that it held that separate was inherently unequal and thus segregation violated the Fourteenth Amendment requirement of equal protection. Plessy had held that segregation did not violate the Fourteenth Amendment as long as equal facilities were provided. The Brown Court expressly overturned this holding, saying "The "separate but equal" doctrine adopted in Plessy v. Ferguson has no place in the field of public education . . . Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected."

Thanks to the unanimous Brown Court, Plessy is no longer good law and has no stare decisis value.

[newscott]

14. Didn't the Constitution call for it's eventual elimination?

[ISUGRADIA]

15. Only eventual end to the slave trade, not slavery itself.

[trof]

11. Is it like "We do it this way because we've always done it this way"?

That just don't seem right.
:wtf:

[knight_of_the_star]

16. Not quite

Stare decisis is based on the idea of following what has gone before should be taken into strong consideration in making a ruling. It doesn't say that it should always be followed just that in a case with very strong consistent decisions where the law isn't in question stare decisis should be followed.

[trof]

17. Thanks for the clarification.

[tn-guy]

24. The practical benefit is simple

One of the most compelling reasons for a principle of stare decisis is that it makes the law predictable and thus allows the public to make decisions and conduct themselves with some degree of how the law will treat them. How chaotic would life be if principles of labor relations, contract law or the rules of evidence in criminal proceedings could change from week to week without notice? Stare decisis brings a degree of stability to the law.

[Debi]

18. but there is always the compelling reason to change

which is why stare decisis is not writing a decision in stone, but rather not treating a decision as a wet noodle or easily ply-able.

[zulchzulu]

19. It was a disco band in the '70's

Their big hit was "Let The decision stand!"

[xchrom]

20. have you been waiting for just the right moment to use that image?

cause it works!

[spanone]

22. Here tis

http://www.lectlaw.com/def2/s065.htm