On originalism vs. stare decisis: I'm not going to rip all that up. It's water over the dam. The people have gotten used to it. You know, that's what Stare Decisis is all about. In other words, I am an originalist. I am a texturalist. I am not a nut.
--
Manhattan Institute Lecture, November 17, 1997...Antonin Scalia
» Antonin Scalia - all quotes »
On stare decisis (adhering to judicial precedent): The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version.
Antonin Scalia
For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors.
Robert H. Jackson
'O plunge your hands in water,
Plunge them in up to the wrist;
Stare, stare in the basin
And wonder what you've missed.Wystan Hugh Auden
Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right... This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this court has often overruled its earlier decisions. The court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.
Louis Brandeis
Paddington had a very persistent stare when he cared to use it. It was a very powerful stare. One which his Aunt Lucy had taught him and which he kept for special occasions.
Michael Bond
Scalia, Antonin
Scanlon, Bethany Kennedy
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z