Why does this bandying about of "stare decisis" feel like a red herring?

[Fridays Child]

I'm probably not alone in never having heard the term before Alito appeared on the radar screen and, now, it's the soundbite of the week. I have the sneaking suspicion that it's a big fat deception.

Shhh. Go to sleep, now. Stare decisis. All is well.

[Atman]

1. Red herring or Dead Fish?

It's a joke. Say it a lot, and make people think you give a shit, and will follow precedent. Alito cleary could give two shits about Stare Decisis, unless it pertains to a ruling which benefits the corporatocracy.

[wtmusic]

2. Throw in some Latin for instant cred

Tempus fugit, baby. E Pluribus Unum.

[Inland]

3. Well, it's a legal term.

Under the philosophy that prior holdings are binding law on the court itself, "stare decisis" is a holding that is to be applied to all following cases with the same facts. Except it isn't, because holdings that are stare decisis can be overruled, too. But there are a bunch of cases describing when stare decisis can be overruled.

Of course, all a court has to do is a) explicitly overrule its cases on when they overrule prior cases or b) just start overruling without ever explicitly admitting it is doing so. The latter happens a lot.

For the SC, the only restraint is the judgment of the court itself.....so you have to appoint people with good judgment and w/hold confirmation of those without.

Comforted?

[SharonRB]

4. If you haven't heard it before, you didn't pay any attention to

the Roberts hearings. It was thrown around constantly during those hearings.

[Fridays Child]

6. I thought so but I couldn't remember for sure if it was usd then, too.

In both cases, it's an attempt to lull us into thinking their rulings will never oppose SCOTUS precedents.

[napi21]

5. There was a NEW one this AM! Two kinds of Stare decisis!!!

Alito said this this AM.

"There are two kind of stari decisis; Vertical stare decisis, and horizontal stare decisis."

I didn't even hear his explaination of the difference between the two! Sorry, I was busy yelling at my TV!!!!

[Fridays Child]

7. Translation: There is a form of "stare decisis" which allows me to...

...overturn Roe.