• Stare Decisis: Overturning Supreme Court Precedents [No. 86]
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    Stare Decisis: Overturning Supreme Court Precedents [No. 86]

    The Supreme Court overturns its precedents rather less often than is thought, and that’s been especially true of the Roberts Court, although, in the last term, the Court overturned three of its precedents, which was quite rare for that Court. It did so in the Janus v. AFSCME case when it overturned the Abood Decision. It did so in the Wayfair case, which involved the taxation of internet sales by out-of-state vendors, which overturned the Quill case, and it did so implicitly at least in Trump v. Hawaii, in which the court found that the infamous Korematsu case was no longer good law. But again, this is an exception where…