#staredecisis — Public Fediverse posts

Lees tip -> Stare decisis: waarom eerdere uitspraken tellen | Column over stare decisis: waarom eerdere rechterlijke uitspraken richting geven aan nieuwe rechtspraak. | #jurisprudentie #precedent #rechtbank #rechters #rechtspraak #rechtsstaat #rechtszekerheid #staredecisis |

https://hbpmedia.nl/stare-decisis-waarom-eerdere-uitspraken-tellen/

Lees tip -> Stare decisis: waarom eerdere uitspraken tellen | Column over stare decisis: waarom eerdere rechterlijke uitspraken richting geven aan nieuwe rechtspraak. | #jurisprudentie #precedent #rechtbank #rechters #rechtspraak #rechtsstaat #rechtszekerheid #staredecisis |

https://hbpmedia.nl/stare-decisis-waarom-eerdere-uitspraken-tellen/

#SCOTUS #precedent #staredecisis #superlegistature #arrogance

The Supreme Court Will Do Four Things This Term That Tell You Everything You Need to Know https://slate.com/news-and-politics/2025/10/supreme-court-term-analysis-four-key-points.html?via=rss

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/

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

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

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 https://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.

https://bsky.app/profile/absurdistwords.bsky.social/post/3lb5wwj23v22u

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 https://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.

https://bsky.app/profile/absurdistwords.bsky.social/post/3lb5wwj23v22u

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 https://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.

https://bsky.app/profile/absurdistwords.bsky.social/post/3lb5wwj23v22u

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 https://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.

https://bsky.app/profile/absurdistwords.bsky.social/post/3lb5wwj23v22u

I wrote an essay yesterday for my blog. The Pace of Political Evil. Just one facet of a larger problem, but enough for one day.

https://netsettlement.blogspot.com/2024/08/the-pace-of-political-evil.html

#USPolitics #democracy #Election2024 #evil #Constitution #SupremeCourt #SCOTUS #shame #StareDecisis #HarrisWalz

@tzimmer_history

I'm glad someone has written about this. I haven't read the book, but I'll add to my list of possibles.

About originalism, my own feeling is this: In the most literal interpretation, originalism, at least as practiced, would be perfected if the amendment process were nullified and courts were never allowed to set precedent. That's what originalism seems to be saying. And yet that can't be.

The founders knew they were not doing it all right. They gave us a living system, one capable of responding to changing needs, so that society didn't outgrow itself. This was a great insight and perhaps the most important of the original thoughts, though not part of originalism.

A literal take on originalism would unroll women's right to a vote or the right of African Americans to be 100% people at all. That's preposterous in any sane modern understanding and to assert that this is the proper interpretation of law now, especially after having fought the Civil War over this, is improper.

More generally, originalism fights the ability to patch holes in the system. As a computer person, I see it precisely the same as an insistence that the only true version of a piece of software is version 1.0, the originally released code. To me, the amendment process of the Constitution is the service agreement, the ability to stay up to date with fighting later-discovered vulnerabilities. No one would want to use a piece of software that is not protected in this way. Our government, in my mind, is no different.

The originalists are basically just hackers bent on breaking in and controlling the system, and their tool is to convince people that maintenance is bad and to use Jedi mind tricks to convince people to allow them to unroll security fixes. Again, just preposterous.

This relates as well to Stare Decisis. I'm busy writing a blog post on that today, so I'll try to link it here if I finish it, but the importance of stare decisis and the utter violation of civil society that SCOTUS is presently engaged in by tearing it to shreds is something I think the populace does not generally understand.

In brief, and I'll try to write this better in the blog, stare decisis is not just an old decision that SCOTUS is entitled to label as "wrongly decided". It is part of a societal conversation that says "this will be the default unless Congress acts". But over time, through inaction, it becomes law because the inaction says loudly "no action was needed, the public is doing fine". This is very critical to society because we do not need a bunch of laws that just say "Yeah, what SCOTUS said." The way we say that is to not change the decision.

So when SCOTUS overrides a long-standing thing, they are not just saying "this was decided wrong" but also "the fact that society has seen the decision and allowed it to stand is of no importance to us".

That is as undemocratic as overturning actual legislation. It is the ultimate in adverse and inappropriate judicial action. They see it as "this was and is in our realm" but the proper way to see it is as a conversational offering to say "tell us we're wrong", and they don't interpret the silence as having involved the other branches. It is not now in their realm.

So I agree originalism is a trap, though I'd be fascinated, if I can find the time, to read someone else's analysis of it, which probably hits other things I haven't thought of.

By the way, I am not a lawyer, but I don't think only lawyers need opine. This is about what We The People want our world to be, and every one of us is equally entitled to opine on that, notwithstanding what the Supreme Court says. Indeed, the Supreme Court and all government derives legitimacy from the consent of the governed, but right now they are actively engaged in making sure the public has no ability to give consent. In effect, they are staging a coup-by-process. So while legal scholars may opine differently than I have, I stand by my right to have an equal position as just one voice of many in our democratic society. The strength of my words should be in the strength of my argument, not the strength of my credential.

#law #SCOTUS #originalism #democracy #StareDecisis #software #BugFixes #maintenance #exploits #hackers #society #freedom #consensus

@AmenZwa With this Supreme Court, there is no #StareDecisis anymore.

Just like apparently we won't have a democracy very shortly.

Without #StareDecisis, there is no #court. But, this is #tRump #America, so....

https://youtu.be/EWsmuePZ7Rw?si=7PpKumPh3AuokquI

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

'#Everything Is #ontheTable' After #US #SupremeCourt #Rulings: #Law #professor #MelissaMurray.

#Corrupt #Conservative #Justices on #Court has "made it very clear they they're not going to let themselves be #bound by #staredecisis," a #legal #term referring to adhering to #precedent, in "circumstances when it comes to #interpreting the #Constitution," meaning that all #precedents that conservatives don't like could be "on the #choppingblock."

https://www.newsweek.com/everything-table-after-supreme-court-rulings-law-professor-1810389

@dustcircle

This seems the whole point of Stare Decisis. Lots of laws are vague and people challenge them, causing courts to fill gaps.

If the legislature disagrees, it can override precedent set by the court by creating an actual law. But to keep from having a lot of trivial laws that say "Yeah, that thing the court said", we just assume that if the legislature has had a long-time ability to change things and chose not to, it must be right.

Stare Decisis is in some ways, oddly, a bit like the "Like" button on social media, which is there to avoid a lot of "me too" posts. If the court says something and the public agrees, it can just leave the court case unchallenged and is supposed to eventually be taken as something firm without having to do more.

This is why it's so VERY improper for judges (or the recent crop of people ironically called justices) to be going back and reconsidering these cases. They treat it as no small matter, and even an oversight, that no one has intervened. But it's a big deal, because they are overriding the fact that majorities for a long time have, in their own way, already said "Like".

They make the flimsy claim that they have wanted to but haven't had the votes, not realizing they are saying "our position was not the consensus position". That's not how Democracy works.

And it's only made worse when you see the whole SCOTUS appointment system heavily leveraged to allow popular minorities excess power and to allow false statements by candidates to go unchecked. The Supreme Court is supposed to be about something beyond the popular vote, but that doesn't mean it's supposed to be about private capture of the Court for a selfish purpose. Something way out of kilter there. Not even an enforceable code of ethics among those who seem clearly to have lied to get there, especially on a point so important as policy about Stare Decisis.

Disclaimer: I am not a lawyer. But I think this is something we all need to discuss in a nation responsive to the people.

#Law #Abortion #ReproductiveRights #CaseLaw #StareDecisis #Judges #Justices #SCOTUS #philosophy #JudicialPhilosophy

@MasonBee @ricardoharvin Do you have any ideas for how the justice system could be reformed to avoid so much emphasis on #StareDecisis? Perhaps some rule that precedents must be re-examined every 100 years? Or some mechanism for legislatures to ask/order supreme courts to re-examine old (50+ years) precedents?

I'm not a lawyer but I enjoy #law as a topic of study and discussion. I'm most familiar with #BrazilianLaw and #UsLaw.