Discussion – Stare Decisis

Discussion – Stare Decisis

According to Khan Academy (2018), stare decisis is used to interpret laws in specific cases by taking the decisions made in previous cases as an example when deciding a current case. Although stare decisis has been effective in reducing the amount of time taken to deliver a case ruling in various instances, I think it should not be honored because it ignores the changes in the legal system and laws. Therefore, it is okay to overturn a decision to accommodate the provisions of existing laws and deliver a just and reasonable ruling. For instance, the Supreme Court ruling in Dobbs v. Jackson can be overturned in a similar case in the current times because the laws regulating abortion have changed since the ruling was made.

One of the factors that should be considered when overturning a case is the quality of the reasoning behind the past decision. The court has to determine whether the past decision was influenced by bribery or conflicts of interest that could have led to a biased ruling before overturning a case to provide reasonable grounds for its actions. The second factor that the court should consider is legal developments that have occurred since the past decision or ruling. For instance, the court needs to determine whether there are any changes in laws that criminalize or decriminalize an action to avoid making a decision that would be considered a violation of the law. The third factor that the court should consider is the decision’s reliance on society and the legal system. The court must determine whether the decision was made based on what the legal system or society considers acceptable or unacceptable to ensure that the decision to overturn the case will not attract backlash from society or individuals in the legal system.

References

Khan Academy. (2018, July 25). Stare decisis and precedent in the Supreme Court | US Government and Civics. YouTube. https://www.youtube.com/watch?v=8Yl_yNNXKnY

ORDER A PLAGIARISM-FREE PAPER HERE

We’ll write everything from scratch

Discussion – Stare Decisis

Honoring legal precedent, or stare decisis, has been in place for hundreds of years. The question of how high the bar should be set for overturning is one open to debate – a debate that has, over time, gone on between conservative and liberal justices.

What do you think? Should stare decisis be honored? Why or why not?
Or is it OK to overturn a case? If it’s OK to overturn, what factors should be considered, in your opinion?

(Consider cases we have read about that have overturned previous ones – (this week’s Lawrence v. Texas and Dobbs v. Jackson Women’s Health Organization).

Here is a short video you may want to watch to help you form an opinion.
Stare decisis and precedent in the Supreme Court | US government and civics | Khan Academy – YouTube