ALITO: Well, I think the doctrine of stare decisis is a very important doctrine. It's a fundamental part of our legal system.
And it's the principle that courts in general should follow their past precedents. And it's important for a variety of reasons. It's important because it limits the power of the judiciary. It's important because it protects reliance interests. And it's important because it reflects the view that courts should respect the judgments and the wisdom that are embodied in prior judicial decisions.
It's not an exorable command, but it is a general presumption that courts are going to follow prior precedents.
Univ. of Alabama protest 1963 Students burning desegregation literature. Image courtesy of the Library of Congress.
Thanks for this enlightening yet disturbing article. Clearly the MSM does not comprehend even a percentile of the consequences this ruling will have on education and racial desegregation in this country. And had I not read this, neither would I have comprehended its far-reaching and long-lasting effects. More attention must be given to this issue. I hope you will consider crafting an OpEd or Commentary for the Oregonian, Statesman-Journal, and Register-Guard.
Thanks from a fellow Oregonian.
by
Todd Huffman, M.D. (80 articles, 0 quicklinks, 1 diaries, 109 comments)
on Friday, June 29, 2007 at 11:16:19 AM