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Full-Text Articles in Jurisprudence
Justice Gorsuch's Views On Precedent In The Context Of Statutory Interpretation, Hillel Y. Levin
Justice Gorsuch's Views On Precedent In The Context Of Statutory Interpretation, Hillel Y. Levin
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The doctrine of precedent, in its stare decisis form, presents a challenge to any originalist. This doctrine provides that a court should (at least sometimes) be bound by its own precedent, even if that precedent was wrongly decided in the first place. Yet if the original meaning of the text at issue is a judge’s focus, why should an intervening decision of the court—and a mistaken one at that— matter at all? Despite this tension, every originalist also at least purports to care about precedent.
This Essay focuses on Justice Gorsuch’s apparent views on precedent in the context of statutory …
Transtemporal Separation Of Powers In The Law Of Precedent, Randy Beck
Transtemporal Separation Of Powers In The Law Of Precedent, Randy Beck
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The rule of stare decisis creates a presumption that a court’s ruling on a legal question remains binding in later decisions by the same court or hierarchically inferior courts. This presumption promotes stability in the law and protects reliance interests. Decisions that narrowly construe or overrule prior opinions can therefore seem like unprincipled threats to the rule of law.
This article seeks to highlight some countervailing themes in the case law, showing that stability and the protection of reliance interests are not the exclusive concerns underlying the law of precedent. The relevant doctrine attempts to balance these objectives with competing …
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
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In this article, the author discusses how Chevron intersects with one important competing norm - stare decisis. Stare decisis counsels the Court to adhere to its own decisions, particularly statutory ones, absent substantial justification for departure. To what extent should stare decisis apply when an agency's interpretation of a statute, otherwise deserving of deference under Chevron, conflicts with a prior interpretation of the statute by the Supreme Court?
This article suggests the following answer: If the Court's prior opinion upheld the agency's interpretation as one reasonable reading of the statute, but not the only one possible, and the agency thereafter …