Stare decisis: Stare decisis does not require
the Court to expand significantly the holding of a prior decision in order to
cure its practical deficiencies. To the contrary, the fact that a decision has
proved “unworkable” is a traditional ground for overruling it. Payne v. Tennessee,
501 U. S. 808, 827. Beyond workability, the relevant factors include the
precedent’s antiquity, the reliance interests at stake, and whether the
decision was well reasoned (U.S.S.Ct., 26.05.09, Montejo v. Louisiana, J.
Scalia).
Tuesday, May 26, 2009
Montejo v. Louisiana
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