The Latin term stare decisis meaning, “to stand on decided cases”, has become an essential element in the English and U.S. judicial system. The doctrine theory of stare decisis creates equality throughout the legal system, ensuring that judges follow previously established precedents. ("Stare Decisis") Under stare decisis, once a court has answered a question, any justice system equal or lower must elicit the same response. This theory also creates efficiency throughout the legal system, by preventing courts to spend extra time reasoning through a case that has already been conducted. (Miller) In the United States the U.S. Supreme Court is highest level of the judicial system, fallowed by the individual state supreme courts. Precedent
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In 1973 a precedent was set after the U.S. Supreme Court made their decision in regards to the Roe v. Wade case of weather abortions restrictions interfere with a woman’s rights. The Supreme Court made the ruling that a woman has the choice to choose abortion as a fundamental constitutional right. Since than, there has been a significant amount of controversy regarding the decision, but the Supreme Court has held firm. In June of 2016 the Supreme Court threw out a Texas abortion access law, stating that it would put an “undue burden” on women. This has been the most significant decision from the Supreme Court on abortion since the 1992 case, Planned Parenthood v. Casey. (Vogue, Kopan and Berman). The doctrine stare decisis set by the U.S. Supreme Court in regards to abortion insures that the Unites States as whole follows the constitution and protects woman’s rights. However, the states are able to create their own guidelines to decipher whether what is considered woman’s rights and murder. Though, the laws in place cannot create a burden on woman that choice abortion in the early stages of life. Future cases regarding abortion will adhere to the past presidents, until a social change is created and the judicial system makes a movement towards a new …show more content…
A past precedent is not applied when the Supreme Court discovers that a prior decision is found unworkable or when significant social changes have occurred. (“Stare Decisis – Ballotpedia”) A overturning of a precedent is taken with extreme caution due to that fact that it demonstrates a shift in an approach to a given issue. The subject of racial segregation shows a significant example of a social change in the United States that resulted in an overturning of a precedent. In 1892, during the Plessy v. Ferguson case the United States Supreme Court passed the Separate Car Act, which stated that it was constitutional for transportation and schools to be segregated by race. This prevented black people from riding in vehicles and going to school with white. However, later in 1954 an African American parent by the name of Oliver Brown argued that the schools for black children were not equal to those for white children, and that racial segregation was unconstitutional due to the Fourteenth Amendment, which was created after the Civil War, securing the rights of former slaves. This case brought awareness to the United States Supreme Court of a social change that resulted in an overturn of the Plessy v. Ferguson ruling. ("Brown V. Board Of Education -
In 1973 a precedent was set after the U.S. Supreme Court made their decision in regards to the Roe v. Wade case of weather abortions restrictions interfere with a woman’s rights. The Supreme Court made the ruling that a woman has the choice to choose abortion as a fundamental constitutional right. Since than, there has been a significant amount of controversy regarding the decision, but the Supreme Court has held firm. In June of 2016 the Supreme Court threw out a Texas abortion access law, stating that it would put an “undue burden” on women. This has been the most significant decision from the Supreme Court on abortion since the 1992 case, Planned Parenthood v. Casey. (Vogue, Kopan and Berman). The doctrine stare decisis set by the U.S. Supreme Court in regards to abortion insures that the Unites States as whole follows the constitution and protects woman’s rights. However, the states are able to create their own guidelines to decipher whether what is considered woman’s rights and murder. Though, the laws in place cannot create a burden on woman that choice abortion in the early stages of life. Future cases regarding abortion will adhere to the past presidents, until a social change is created and the judicial system makes a movement towards a new …show more content…
A past precedent is not applied when the Supreme Court discovers that a prior decision is found unworkable or when significant social changes have occurred. (“Stare Decisis – Ballotpedia”) A overturning of a precedent is taken with extreme caution due to that fact that it demonstrates a shift in an approach to a given issue. The subject of racial segregation shows a significant example of a social change in the United States that resulted in an overturning of a precedent. In 1892, during the Plessy v. Ferguson case the United States Supreme Court passed the Separate Car Act, which stated that it was constitutional for transportation and schools to be segregated by race. This prevented black people from riding in vehicles and going to school with white. However, later in 1954 an African American parent by the name of Oliver Brown argued that the schools for black children were not equal to those for white children, and that racial segregation was unconstitutional due to the Fourteenth Amendment, which was created after the Civil War, securing the rights of former slaves. This case brought awareness to the United States Supreme Court of a social change that resulted in an overturn of the Plessy v. Ferguson ruling. ("Brown V. Board Of Education -