tag:blogger.com,1999:blog-8597101.post116057514569779037..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: UT Capital Clinic Earns Third Trip in Three Years to Litigate Before SupremesGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8597101.post-1160696272086686012006-10-12T18:37:00.000-05:002006-10-12T18:37:00.000-05:00Thanks Kelly. If stare decisis is a "doctrine of d...Thanks Kelly. If stare decisis is a "doctrine of deferrence to past rulings," the sense I was using it was the failure of the CCA to defer to the USSC's past ruling in Smith - maybe the term is different when we're talking about the same case, not historic precedent. <BR/><BR/>As always let me give the standard IANAL disclaimer (I am not a lawyer!). Best,Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1160695779299531662006-10-12T18:29:00.000-05:002006-10-12T18:29:00.000-05:00Not to ramble on, but I think what you want is for...Not to ramble on, but I think what you want is for the CCA to embrace the concept of federalism, under which state courts must defer to the USSC. I recall that Eisenhower enforced this concept pointedly after Brown v Board of Education. It's not just a concept, it's the law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1160695514306538242006-10-12T18:25:00.000-05:002006-10-12T18:25:00.000-05:00Stare decisis is not about letting superior court ...Stare decisis is not about letting superior court rulings dictate lower court rulings. That is called controlling authority. Stare decisis, which I heard translated as "let the decision stand" is a doctrine of deferrence to past rulings, usually from the same court invoking the doctrine.<BR/><BR/>That makes it Roe v Wade's most important doctrinal defense against being overturned. Likewise Gideon v Wainwright, and all the other planks of law that we have come to see as normative and civilized.Anonymousnoreply@blogger.com