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Stare Decisis / Binding Precedent

Focus on the concept of stare decisis and the landmark decision of Roe v. Wade.

IMPORTANT NOTE:

The key to this discussion is stare decisis, not abortion! Therefore, please leave personal attacks, religion, and politics out. This case was selected in order to focus your attention on legal reasoning, despite your personal beliefs. In the realm of law and ethics, you will be expected to address controversial issues. This assignment will help you rely upon facts, data, and legal precedent, instead of personal convictions. Therefore, any posts that fail to address stare decisis as the main issue will not be accepted, draft arguments that Roe v. Wade is settled law under the concept of stare decisis.

*Please provide references

Solution Preview

Stare decisis is Latin for "to stand by a decision." Legally, it means that courts are bound by previous decisions, or precedents, particularly when a case has been decided by a higher court. Because Roe v. Wade was decided by the United States Supreme Court, all other courts are bound by the decision from the standpoint of the doctrine of stare decisis.

Even Chief Justice John Roberts, himself a social conservative, testified at his confirmation hearings that Roe v. Wade is "settled as a precedent of the court, entitled to respect under principles of stare decisis."

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Solution Summary

Explains the legal concept of stare decisis, also known as binding precedent. Uses Roe V. Wade as the example.

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