Reply To: Breaking: Fourth Circuit holds NC premises statute unconstitutional

#8876

Erika

Citations of interest?

“The doctrine of stare decisis is essential to the respect accorded to the judgments of the Court and to the stability of the law. It is not, however, an inexorable command. Payne v. Tennessee, 501 U.S. 808, 828 (1991) (“Stare decisis is not an inexorable command; rather, it ‘is a principle of policy and not a mechanical formula of adherence to the latest decision'”) (quoting Helvering v. Hallock, 309 U.S. 106, 119 (1940))). In Casey we noted that when a Court is asked to overrule a precedent recognizing a constitutional liberty interest, individual or societal reliance on the existence of that liberty cautions with particular strength against reversing course. 505 U.S., at 855-856; see also id., at 844 (“Liberty finds no refuge in a jurisprudence of doubt”).”