So...is stare decsis as a general legal principle dead?

[AngryOldDem]

With all the implications to other established law now seemingly in the balance…just asking.

[The Unmitigated Gall]

1. Absolutely. Until THEY need it.

Then that’s ALL you’ll be hearing on the lamestream.

[RockRaven]

2. Conservative activist judges 100% DGAF about precedents of any kind if it gets in the way of

their ideologically/politically motivated outcome. This has been the case for quite some time now, and is not a novel occurrence in this abortion decision.

If you want to know what this means for the future of American jurisprudence, look to the recent past -- for example the mask mandate ruling a couple of weeks ago.

[regnaD kciN]

3. It will depend on what the final ruling is...

They may try to finesse it, just as they did in Bush v. Gore, by stating that certain very specific issues meant that it could be rejected in this case, but not as a general principle. Or they could just throw it out altogether.

If the former, count on similar "very specific issues" coming up whenever it suits them, with LGBTQ+ laws being an obvious first target.

[orwell]

4. I have always held the opinion...

...that so called "blind justice" is a myth.

A judge and jury can rationalize anything they want, and often do.

Why else would there even be terms like "stacking the court" or "judge shopping."

When the current court was "constructed" by the right wing they knew how they would decide cases. How is that possible if "stare decisis" was actually followed.

It is more lip service paid to an idea that makes people feel good about institutions such as "the courts" or "the senate" or "the chief executive", without facing the reality that humans are human. The can be prejudiced, fearful, vindictive, and intolerant.

If there were "justice", Drumpf would not only have been convicted in his second impeachment he and his ilk would be facing sedition charges...

[Dave says]

5. Expand the Court now !!

How? I have no idea (given Manchin/Syn).

But it must be done!! We cannot be ruled by Alito/Kavanaugh/Gorsuch/Barrett. This is NOT what we as a nation want for our children!!

[rsdsharp]

6. Pretty much for all Warren Court decisions.

Although Roe was a Burger Court decision, and Casey the Rehnquist Court.

[UTUSN]

7. K&R

[dalton99a]

8. They can always make up shit to justify a predetermined outcome

They have been doing that since 2000