Changes

“[[Stare decisis]]” means “to stand by that which was decided.”  For judges, it means they should decide similar [[case]]s 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 [[case]]s 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 Witnesses|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 [[Supreme Court]] often changes its mind.  In 1940, it held that a [[Jehovah's Witnesses|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 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]].  However, last [[June]], [[Justice]] Kennedy wrote a decision in favor of [[gay rights]] that expressly overturned a decision in 1986.

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]].  However, last [[June]], [[Justice]] Kennedy wrote a decision in favor of [[gay rights]] that expressly overturned a decision in 1986.