Title

Schauer on Precedent in the U.S. Supreme Court

Publication Title

Georgia State University Law Review

Document Type

Article

Publication Date

1-1-2007

Abstract

Recent critics of the Roberts Court chide it for its lack of regard for precedent. Fred Schauer faults these critics for erroneously assuming that a rule of stare decisis formerly played a significant role in the Supreme Court's decision-making. In fact, it has long played only a rare and weak role in the Court's work. Nonetheless, according to Schauer, the critics are to be thanked for invigorating a needed debate about the importance of "stability, consistency, settlement, reliance, notice, and predictability" in the Court's decisions. This article argues that Schauer exaggerates the weakness of stare decisis in the Court's practices; and that his call for a public debate on the merits of the norm of stare decisis can only weaken it.

Comments

External Links
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Recommended Citation

William A. Edmundson, Schauer on Precedent in the U.S. Supreme Court, 24 Ga. St. U. L. Rev. 403 (2007).

Volume

24

Issue

2

First Page

403

Last Page

414

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