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“Stare decisis” means “to stand by that which was decided.”  For judges, it means they should decide similar cases in a similar manner.  When a precedent is established, “stare decisis” means courts should abide by it.  For the Supreme Court, “stare decisis” means it should adhere to its prior rulings.

“Stare decisis” means “to stand by that which was decided.”  For judges, it means they should decide similar cases in a similar manner.  When a precedent is established, “stare decisis” means courts should abide by it.  For the Supreme Court, “stare decisis” means it should adhere to its prior rulings.

In fact, the Supreme Court often changes its mind.  In 1940, it held that a Jehovah’s Witness can be forced to say the Pledge of Allegiance against his religion.  Two years later, in 1943, the Supreme Court reversed itself and said no one should be forced to violate their own religious beliefs like that.  In other cases, the Supreme Court has even reversed itself within a year.

In fact, the U.S. Supreme Court often changes its mind.  In 1940, it held that a Jehovah’s Witness can be forced to say the Pledge of Allegiance, despite being contrary to his religion.  Two years later, in 1943, the Supreme Court reversed itself and said no one should be forced to violate their own religious beliefs like that.  In other cases, the Supreme Court has even reversed itself within a year.

In 1992, the Supreme Court had an opportunity to overturn its ''Roe v. Wade'' decision, which earlier declared a new constitutional right to abortion.  But Justice Kennedy cast the deciding fifth vote against overturning it, saying that stare decisis compelled him to be consistent with ''Roe v. Wade''.  But on another controversial social issue, Justice Kennedy did write a decision that expressly overturned a prior decision.

In 1992, the Supreme Court had an opportunity to overturn its ''Roe v. Wade'' decision, which had declared a new constitutional right to abortion.  But Justice Kennedy cast the deciding fifth vote against overturning it, saying that stare decisis compelled him to be consistent with ''Roe v. Wade''.  But on another controversial social issue, Justice Kennedy did write a decision that expressly overturned a prior decision, contrary to stare decisis.

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