Perhaps the question of when a precedent should bind a US Supreme Court Justice can be answered by analyzing the law’s basic principles in America. The general rule is that the highest court follows its precedents unless there are substantial grounds to overrule it.1 These grounds are depicted below.
First, when the precedent defies practical workability, the law strives to be as pragmatic as possible. Hence the highest court will overturn any precedent that is no longer pragmatic.
Second, if the precedent is a remnant of an abandoned doctrine, the Supreme Court cannot make a decision that contradicts the laws of the land. Once a doctrine has been abandoned, the changed law must apply progressively to all relevant future cases.
Get Expert Help Here
Third, if the precedent is based on facts that have changed so significantly that the rule is no longer applicable, the Supreme Court cannot rush to apply a precedent that is no longer relevant to the case at hand.
Bibliography
“With Roe overturned, legal precedent moves to centerstage.” American Bar Association online. June 24, 2022.
https://www.americanbar.org/news/abanews/aba-news-archives/2022/06/stare-decisis-takes-centerstage/.
FAQ
How is the doctrine of stare decisis?
The doctrine of stare decisis, a Latin synonym for “let the decision stand” compels courts to abide by the earlier decisions which established them as precedents. This principle is a fundamental part of English common law that its use across the United States helps to ensure consistency and stability in court.
Is the doctrine of stare decisis in any way referenced by the US Constitution?
Yes, the US Constitution does not specifically discuss stare decisis. But it is a traditional practice in US law, based on English common law principles and considered to be key for the establishment of judicial uniformity.
What is the role of stare decisis in law?
Stare decisis is necessary as it maintains the concept of justice since stability and uniformity in legal decisions are maintained. Hence, by following precedents it assists in the prevention of biased decisions and ensuring that similar cases are treated alike making sure that legal system predictability and reliability to be strengthened.
Is the US Supreme Court able to overthrow its previous decisions?
Yes, the US Supreme Court is capable of reversing its own decisions. This happens where a precedent may prove inapplicable, or if it is based on an abrogated doctrine and contradicts prevailing laws. These are solid reasons why the previous decisions should be revised or quashed.
What are the cases in which US Supreme Court may not be bound by precedent?
When there are strong grounds to overrule a precedent, the US Supreme Court is not necessarily bound by that precedent. Such cases are where precedent has ceased to be pragmatically feasible or is derived from a legal principle that was later discarded.
