⚖️

Understanding Stare Decisis in Law

Sep 15, 2024

Doctrine of Stare Decisis in the American Judicial System

Importance of Stare Decisis

  • Stare decisis is a legal principle that requires courts to follow established judicial precedents.
  • It is fundamental to ensuring consistency and stability in the legal system.

Exceptions to Stare Decisis

  • Despite its foundational role, every Supreme Court justice since 1921 has voted to overrule precedent at least once.

Case Study: Dobbs vs. Jackson Women's Health Organization

Background

  • Jackson Women's Health Organization: An abortion provider, along with a doctor, challenged a Mississippi law.
  • Mississippi Law: Prohibited abortions after 15 weeks of gestation.

Legal Challenge

  • Plaintiffs argued the law was unconstitutional under precedents set by Roe vs. Wade and Planned Parenthood vs. Casey.
  • Roe vs. Wade: Established a woman's right to an abortion.
  • Planned Parenthood vs. Casey: Reaffirmed Roe's core holding but allowed some state regulations.

Judicial Process

  • Federal District Court: Granted summary judgment to plaintiffs, permanently enjoining the law's enforcement.
  • Fifth Circuit: Affirmed the District Court's decision.
  • US Supreme Court: Granted certiorari to review the case, indicating its willingness to reconsider established precedent.