Bench Memos

Precedent on Precedent

The Congressional Research Service has released a new report on how the Supreme Court treats precedent. A copy of the report has been posted at How Appealing here. Among other things, the report notes that the Supreme Court lacks a “coherent or stable conception of the appropriate role of precedent in constitutional adjudication.”

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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