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Most cases that the Supreme Court refuses to hear are those in which lower courts reaffirmed the status quo.
by heydenberk 9y ago
Most cases that the Supreme Court refuses to hear are those in which lower courts reaffirmed the status quo.
- pmoriarty 9y agoWhy is that? If this lower court could go against the status quo like this, what stops other courts doing the same in other cases?
- thephyber 9y agoThis[1] may help. The relevant excepts: > The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court. Consequently, stare decisis discourages litigating established precedents, and thus, reduces spending. and > Although courts seldom overrule precedent, Justice Rehnquist explained that stare decisis is not an “inexorable command.” On occasion, the Court will decide not to apply the doctrine if a prior decision is deemed unworkable. In addition, significant societal changes may also prompt the Court to overrule precedent; however, any decision to overrule precedent is exercised cautiously. It's worth a read (not terribly long) because of the examples and the rationale behind Louisiana having a different system. [1] https://www.law.cornell.edu/wex/stare_decisis https://www.law.cornell.edu/wex/stare_decisis