Five Decisis: The Role Of Uncertainty In The Law

The term stare decisis means, “Let the decision stand”, or in other words a doctrine that establishes precedent. For once a legal issue is settled, stare decisis suggests that any following cases presenting the same question shall follow the preceding ruling of the case that set the initial precedent. Honoring stare decisis provides the Supreme Court greater legitimacy because it maintains the, “fundamental principle of jurisprudence that promotes certainty in the law and uniformity in the treatment of litigants, and thereby prevents arbitrariness”. However, honoring stare decisis varies from Justice to Justice, depending on their method of constitutional interpretation and the variables within a specific case. When examining the role of …show more content…
In his response to Senator Biden regarding stare decisis, Justice Roberts discussed the need for humility on the court and an appreciation for the limited power of the judicial branch, stating “that judges operate within a system of precedent shaped by other judges over the centuries”. Judicial restraint requires a Justice to overrule precedent as little as possible, preferably in statutory cases, as opposed to constitutional cases. California Supreme Court Justice Goodwin Liu describes Judicial Restraint as requiring, “judges to refrain from enacting their own policy preferences into law, but it does not clarify how judges should interpret and apply broad principles such as “liberty”, “property”, “freedom of speech”, or “equal protection of the laws””. Meaning, Justices who honor Judicial Restraint may have ideologies that are liberal or conservative leaning, however their rulings reflect a greater inclination towards maintaining consistency within the rule of law by overturning precedent as little as possible. In Chief Justice Roberts case he would be an ideologically conservative Justice who honors Judicial