Chapter

The Patterns of Supreme Court Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print March 2008 | ISBN: 9780195150506
Published online May 2008 | e-ISBN: 9780199871131 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195150506.003.0002
The Patterns of Supreme Court Precedent

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This chapter provides a detailed overview of the Supreme Court's handling of precedent from the Jay Court through the Rehnquist Court. It examines the principal patterns in the justices' approach to precedent, particularly the different tests they have used to reevaluate their precedents. Moreover, it discusses some basic data with respect to the Court's overruling of precedent, and concludes with an examination of the many ways in which the justices weaken precedents without explicitly overruling them.

Keywords: precedent; constitutional law; stare decisis; Supreme Court

Chapter.  14866 words. 

Subjects: US Politics

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