Illinois law dean and professor Vikram David Amar comments on the Supreme Court’s recent decision in Franchise Tax Board v. Hyatt and what it says about stare decisis, the notion that prior Court rulings are entitled to respect in the Court today. Amar explores the point the dissent makes about reliance and argues that reliance principles should drive the Court’s approach to stare decisis.
Tag Archives: stare decisis
What We Can Learn About Stare Decisis (Respect for Precedent) from the Last Supreme Court Term
Illinois Law dean and professor Vikram David Amar comments on two decisions from the US Supreme Court’s 2017–18 term in which the Court notably overruled two longstanding constitutional precedents by 5–4 votes. Amar discusses the doctrine of horizontal stare decisis—the Court’s respect for its prior rulings—and focuses on three questions in particular these two cases present.
