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Legal Commentary
: TalkLeftIs Stare Decisis In the Constitution?
By Big Tent Democrat
Orin Kerr writes in defense of stare decisis and I agree with his argument but it brought me to the question I present in the title.
As Al Franken might say, 'are the words stare decisis in the Constitution?' The answer is no. But a common law Judicial Branch IS in the Constitution. I would argue that the Constitution did indeed envision the principle of stare decisis. Which puts me in my mind of this article arguing that Justice Souter was one of our great common law Supreme Court Justices.
This is an Open Thread.
Full post as published by TalkLeft on August 17, 2009 (boomark / email).
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