The Supreme Court, Which Does Overrule Its Precedent From

1532 WordsApr 25, 20177 Pages
The Supreme Court, which does overrule its precedent from time to time, does not need to do a lengthy analysis of each precedent’s viability in every case. Rather, through its certiorari jurisdiction (certiorari – an order by which a higher court reviews a decision of a lower court), it selects cases and issues that allow it to reconsider precedent on its own time. When the Court decides that a previous decision may be in jeopardy, it often asks the parties to brief whether precedent should be overruled.4 The Court must still confront petitions questioning precedent, but it can dispose of these quickly and without explanation if it so chooses through a simple denial of certiorari. This shows that horizontal stare decisis is upheld in the…show more content…
In their opinions it stated “In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.” They never say they overturn or change their minds on a decision. They simply state that even though at the time of Plessy v. Ferguson the idea of it was theoretically possible to be separate but equal, but when it was enforced the outcome did not support that. Here are the main arguments for the opposing side. The Supreme Court views it as a non-mandatory judicial policy. Stare decisis has an effect on collegiality within the Supreme Court justices. Schauer’s studies indicate that stare decisis has a “rare” and “weak” influence on the Court and most Supreme Court decisions have not taken their predecessors seriously. One of the main opposing arguments is that The Supreme Court has viewed horizontal stare decisis as a non-mandatory judicial policy. Example: Planned Parenthood of Southeastern Pennsylvania v. Casey. The Court chose not to overturn Roe v. Wade 8 despite its conflicted feelings about the decision. Horizontal stare decisis is not applied with equal vigor in all cases.
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