Stare decisis, (Latin for to stand by a decision), is the doctrine that a lower court...

 

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Stare decisis, (Latin for "to stand by a decision"), is the doctrine that a lower court is bound by appellate court decisions (precedents) on a legal question which have previously been decided. In 1896, the U.S. Supreme Court, in Plessy v. Ferguson, decided that racial segregation was legal so long as facilities for the two races were "separate but equal". The Supreme Court overturned that precedent in Brown v. Board of Education in 1954. The U.S. Supreme Court has reversed itself 233 times since 1789, most recently overturning Roe v. Wade. Why did it do so in Brown, given the doctrine of stare decisis? Is there such a thing as "settled precedent" anymore? Feel free to use the internet to form your response. Stare decisis, (Latin for "to stand by a decision"), is the doctrine that a lower court is bound by appellate court decisions (precedents) on a legal question which have previously been decided. In 1896, the U.S. Supreme Court, in Plessy v. Ferguson, decided that racial segregation was legal so long as facilities for the two races were "separate but equal". The Supreme Court overturned that precedent in Brown v. Board of Education in 1954. The U.S. Supreme Court has reversed itself 233 times since 1789, most recently overturning Roe v. Wade. Why did it do so in Brown, given the doctrine of stare decisis? Is there such a thing as "settled precedent" anymore? Feel free to use the internet to form your response.

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The doctrine of stare decisis Latin means to stick to what has been decided and generally requires l... View the full answer