Essay by Geoffrey R. Stone
The first part of my thesis this afternoon is this: The current majority of the Supreme Court, and particularly Chief Justice John Roberts and Justice Samuel Alito, are failing not only to preserve and protect fundamental constitutional values but also to fulfill their judicial responsibilities in a manner that is analytically rigorous, closely reasoned, and intellectually candid. These are strong words. This is not a talk for the faint-of-heart.
At the core of my thesis is the principle of stare decisis. The doctrine of precedent is, of course, central to our legal system. It is based not on the assumption that prior judges are smarter than their successors but on the need for consistency, efficiency, predictability, and the need not to overpoliticize the judicial process and thereby undermine its credibility.
About the Author
Geoffrey R. Stone. Edward H. Levi Distinguished Service Professor at The University of Chicago. B.S. 1968, University of Pennsylvania; J.D. 1971, The University of Chicago School of Law.
Citation
82 Tul. L. Rev. 1533 (2008)