STARE DECISIS AND THE WARREN COURT:

Edward v. Vannoy is a fascinating case. It reveals raw fractures on the Court between Justice Kagan and Justice Kavanaugh, and I would add Chief Justice Roberts. However, perhaps the most tiring aspect of the case is the caterwauling about stare decisis. At this point, Justice Kagan needs to prepare a macro. Her copy-and-paste dissents about precedent are repetitive. She has made her point, and can only repeat it over and over again.

Still, I thought Justice Gorsuch had a poignant response. Last year, I joked that stare decisis is an old Latin phrase that means “Let the decisions of the Warren Court stand.” Gorsuch seems to agree.

Heh.