Legal precedent comes from court decisions where judges are asked to interpret the law, and once a court rules on an issue, legal precedent becomes the law. This means that legal precedent and ...
For decades, every argument about Supreme Court precedent has been a proxy war over Roe v. Wade (1973). Anytime the justices questioned a precedent, their opinions were read as clues for the future of ...
“Were they not telling the truth?” House Speaker Nancy Pelosi said of Supreme Court justices who told Congress they respected precedent. Grilled on camera in a hearing room on Capitol Hill, Supreme ...
The law is harsh, but it is the law: so says the AI judge in a recent study from the University of Chicago Law School. The study analysed the differences between AI and human legal decision-making, ...
Editor’s Note: On Tuesday, Supreme Court Chief Justice John Roberts confirmed the authenticity of a leaked draft of a decision that would appear to place the future of abortion rights, and in ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...
Michael B. Kimberly is a partner at Mayer Brown LLP and co-director of the Yale Law School Supreme Court Clinic. He filed an amicus brief on behalf of constitutional law scholars in support of the ...
When the Supreme Court overrules an important precedent, it needs good reasons. Overruling Roe v. Wade, it will claim the most persuasive reason of all: truth. Roe, it will assert, got the law wrong.
The pair of cases were brought by commercial herring fishermen. The Supreme Court on Wednesday heard vigorous arguments over a 40-year-old precedent that has given broad power to federal agencies in ...
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