Legal precedent comes from court decisions where judges are asked to interpret the law, and once a court rules on an issue, legal precedent becomes the law. This means that legal precedent and ...
For decades, every argument about Supreme Court precedent has been a proxy war over Roe v. Wade (1973). Anytime the justices questioned a precedent, their opinions were read as clues for the future of ...
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did. In the July 31 issue of National Review, in ...
Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to ...
Last week, the Supreme Court issued a summary reversal to enforce its own clear and on-point precedent. In doing so, the court reminded the lower courts of how authoritative it is. For instance, the ...
Editor’s Note: On Tuesday, Supreme Court Chief Justice John Roberts confirmed the authenticity of a leaked draft of a decision that would appear to place the future of abortion rights, and in ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
When the Supreme Court overrules an important precedent, it needs good reasons. Overruling Roe v. Wade, it will claim the most persuasive reason of all: truth. Roe, it will assert, got the law wrong.
The Senate Judiciary Committee prepares for a second full day of testimony from Supreme Court nominee John Roberts. Roberts on Tuesday said he generally believes in following precedent. He was also ...
For decades, nominees to the Supreme Court have had to answer questions about Roe v. Wade, the landmark 1973 ruling that, until now, guaranteed the right to abortion in the U.S. "Several of these ...
President Biden issued a full and unconditional pardon of his son, Hunter, who was just days away from a possible prison sentence in two federal felony cases against him. It raises new questions about ...
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