Publication Date
2025
Journal
St. John's Law Review
Abstract
The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.
Volume
98
Issue
7
First Page
1309
Last Page
1314
Publisher
St. John's University School of Law
Disciplines
Constitutional Law | Courts | Judges | Jurisprudence | Law | Legislation | Supreme Court of the United States
Recommended Citation
Wilfred U. Codrington III,
Doubting Thomas and Questioning Stare Decisis Under the Roberts Court,
98
St. John's L. Rev.
1309
(2025).
https://larc.cardozo.yu.edu/faculty-articles/1179
Included in
Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Legislation Commons, Supreme Court of the United States Commons
