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 ...
“Were they not telling the truth?” House Speaker Nancy Pelosi said of Supreme Court justices who told Congress they respected precedent. Grilled on camera in a hearing room on Capitol Hill, Supreme ...
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 ...
The law is harsh, but it is the law: so says the AI judge in a recent study from the University of Chicago Law School. The study analysed the differences between AI and human legal decision-making, ...
Conservatives complain that the Supreme Court is too liberal. Liberals complain that it's too conservative. Both charges are inaccurate: in reality the Court is a careful political actor that arguably ...
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 ...
David Schultz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond ...
Michael B. Kimberly is a partner at Mayer Brown LLP and co-director of the Yale Law School Supreme Court Clinic. He filed an amicus brief on behalf of constitutional law scholars in support of the ...
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.
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 ...