Habu, concerning the doctrine of Stare Decisis: In the current decision, this was the principle that Justice Stevens based the most vehement portion of his dissent on.
Justice Roberts, in his opinion for the majority, demolished the philosophical basis of that doctrine almost completely, reducing it from now on to the level of “Something we might follow if we really don’t have any better ideas.” This is not really new, of coures: I believe it was Oliver Wendell Holmes who once wrote that “the worst reason for continuing with any law is that so it was laid down in the time of Henry IV.” Justice Roberts’ opinion is a very good read; thanks to that single opinion I don’t think Stare Decisis will ever be a significant factor in Supreme Court jurisprudence again. (and that is very significant)
Usually the Justices don’t get snippy with each other, but I believe Roberts also refers to “stare decisis” as something that Justice Stevens forgets whenever he wants to overturn a decision and something he trots out whenever he can’t think of any good reasons to hang onto something.
the times, they just get more interestin’ by the day.








