Roberts Court’s stare decisis penchant to be tested shortly

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Latimer LeVay Fyock LLC and author of the upcoming book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at dcotter@llflegal.com.

Posted June 10, 2019 10:12 AM

In the Supreme Court’s history through 2016, 236 cases had been overruled by subsequent decision, according to a report by the Government Publishing Office Report 2601.Of those, 138 had involved overruling of constitutional precedent, according to Congressional Research Service 7-5700.This column explores the latter, those cases overturning constitutional precedent.Dissent by Stephen G. BreyerAs was reported in a previous Cotter’s Corner, in the Hyatt case, Justice Stephen G. Breyer questioned where the court …

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