From a reader:
I’d advise the Corner not to get too far ahead of
itself in bashing Specter on this. He is correct in
that it is a term some scholars have used (run a
search in the law journal library in westlaw).
Moreover, it is not too far afield from something
Judge Luttig has discussed under the guise of certain
Supreme Court decisions having super stare decisis
effect (the terms super stare decisis and super
precedent mean essentially the same thing). I am
pretty sure that Judge Luttig isn’t nuts (and doubt
many on the Corner would think so too). So this is
probably an instance in which the blogosphere has
gotten a bit ahead of itself.






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