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#staredecisis — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #staredecisis, aggregated by home.social.

  1. Speaking @ Catholic Univ School of Law in DC #ClarenceThomas argued that #SupremeCourt should rethink the way #law is interpreted as it relates 2 #staredecisis, the #legal doctrine that suggests #courts should follow #legal #precedent or prior decisions when making rulings on similar legal matters. "At some point we need to think about what we're doing w stare decisis..And it's not some sort of talismanic deal where you can just say 'stare decisis' and not think, turn off the brain, right?" 1/

  2. The most eloquent section of the opinion was the discussion of #Roe & the principle of #StareDecisis — Latin for #judicial respect of existing #precedent — that had been crafted principally by #DavidSouter. Souter's words in Casey spoke not only for the Court, but also for the essence of America's judicial heritage & for the very core of Souter's own judicial background.

    #SCOTUS #law #judiciary #Independence #ethics

  3. A quotation from Ambrose Bierce

    PRECEDENT, n. In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. As there are precedents for everything, he has only to ignore those that make against his interest and accentuate those in the line of his desire.

    Ambrose Bierce (1842-1914?) American writer and journalist
    “Precedent,” The Devil’s Dictionary (1911)

    Sourcing, notes: wist.info/bierce-ambrose/76306…

    #quote #quotes #quotation #qotd #law #cherrypicking #judge #justicesystem #legalsystem #legalism #precedent #staredecisis

  4. This is the #DisintegrationChecklist. #TheChecklist of what we can expect to lose in the next four years. That makes it a tool for gauging the progress of loss. 43 items. A grim countdown score in the form of a simple number: how many are still left? That is the #DisintegrationScore. 43... for now.

    _________________________
    from‬ absurdistwords.bsky.social‬:

    #ThingsThatWillDisappearInTheNextFourYears (A non-exhaustive list)

    #AbortionRights
    #Contraception
    #NoFaultDivorce
    #ViolenceAgainstWomenAct (#VAWA)
    #CivilRightsAct
    #VotingRightsAct
    #FirstAmendment Protections
    #BirthrightCitizenship
    #NaturalizationProtection
    #EnvironmentalProtection
    #ConsumerProtection
    #FraudProtection
    #PoliceBrutality #ConsentDecrees
    #HabeasCorpus
    Three #CoEqualBranchesOfGovernment
    #GenderAffirmingCare
    #HormoneReplacement
    #InVitroFertilization
    #SameSexMarriage
    #InterracialMarriage
    #AntiDiscrimination Laws
    #WorkerSafety Laws
    #CollectiveBargaining
    #AffordableCareAct (#ACA)
    #PrisonReform
    #AmericansWithDisabilitiesAct (#ADA)
    #RightToPrivacy
    #SeparationOfChurchAndState
    #ForeignAid Programs
    #PovertyPrograms
    #PublicRadio & #PublicTelevision
    #SexualFreedom
    #AntiSegregation Laws
    #VaccineMandates
    #PublicSchool System
    #PublicLibrary System
    #StareDecisis
    #ChildLabor Laws
    #Antitrust Laws
    #LegalCannabis
    #Pornography
    #SexWorker Protections
    #InternetFreedom
    _________________________

    Keeping track of this #DisintegrationChecklist, & the
    #DisintegrationScore, is not a silly thing. I am not trying to #gamify the #apocalypse. It is a concrete measure, and if it is widely shared, it will make apparent even to the distracted the accelerating loss. A tool for those capable of caring.

    bsky.app/profile/absurdistword