Stare decisis - sustany/dvg GitHub Wiki

Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. Stare decisis�means �to stand by things decided� in Latin. �

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court�s decision.� The previous deciding-court must have binding authority over the court; otherwise, the previous decision is merely persuasive authority. In Kimble v. Marvel Enterprises,�the U.S. Supreme Court described the rationale behind stare decisis as ��promot[ing] the evenhanded, predictable, and consistent development of legal principles, foster[ing] reliance on judicial decisions, and contribut[ing] to the actual and perceived integrity of the judicial process.��

The doctrine operates both horizontally and vertically.�Horizontal stare decisis�refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals adhered to the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. A court engages in�vertical stare decisis�when it applies precedent from a higher court. For example, if the Seventh Circuit Court of Appeals adhered to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis. Or, additionally, if the Federal District Court for the Southern District of New York adhered to a previous ruling by the Second Circuit, that would be vertical stare decisis.�

Although courts seldom overrule precedent, the U.S. Supreme Court in Seminole Tribe of Florida v. Florida explained that�stare decisis�is not an �inexorable command.� When prior decisions are �unworkable or are badly reasoned,� then the Supreme Court may not follow precedent, and this is �particularly true in constitutional cases.� For example, in deciding Brown v. Board of Education, the U.S. Supreme Court explicitly renounced Plessy v. Ferguson, thereby refusing to apply the doctrine of stare decisis.�