Title
Precedent and Discretion
Publication Date
2020
Publication Title
The Supreme Court Review
Abstract
Supreme Court precedent is a topic of perennial prominence. The Court overruled or severely limited multiple precedents last year, just as it did the year before that. Because of our widely-repeated norm of stare decisis, every overruling is criticized. Scholars have then debated whether the Court needs a stronger norm of stare decisis, so that it overrules fewer cases.
Recommended Citation
William Baude, "Precedent and Discretion," 2019 Supreme Court Review 313 (2020).
