Stare decisis appears in danger with Thomas leading the push

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 24, 2019 9:41 AM

In a recent column, we explored the Roberts Court’s approach to stare decisis. As noted, while the current court is often described as having a penchant for overturning precedents, the numbers do not support that labeling.This column explores the decision last week in Gamble v. United States and the discussion by the majority and concurring opinions.GambleGamble was a case that raised the issue of whether someone being tried by both the federal and the state prosecutors for the same crime was a violation of the …

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