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Old 07-10-2018, 09:50 PM
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Default Re: How should a justice vote?

Quote:
Originally Posted by pjohns View Post
You appear to be referring to the doctrine of stare decisis.

But I really would not wish to cling too closely to this.

If we did, then Dred Scott v. Sandford and Plessey v. Ferguson would have prevailed. (Well, perhaps the former would have been overturned by the Civil War; but the latter would never have been overturned by Brown v. Board of Education.)
that would be covered under and exception for social or scientific; any kind of big shift in knowledge etc.
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