Legal Opinion · Concurrence

Peter Bormuth v. County of Jackson

Court of Appeals for the Sixth Circuit

Decided September 6, 2017No. 15-1869Published

1ConcurrenceRogers, J.

I concur in the majority opinion.

CONCURRENCE

I write separately to explain why Justice Thomas’s concurrence in Town of Greece, *520however compelling it may be, does not constitute binding precedent for us in this case,

The general rule of both horizontal and vertical stare decisis is that holdings of the same court, and of a higher court (to which the parties can appeal), not overruled or superseded by later such holdings, constitute binding precedent.' Horizontal stare decisis protects the fundamental interest of deciding like cases alike (basic fairness), and the interest of having people know…

2Cases cited9 opinions

  1. National Mutual Insurance v. Tidewater Transfer Co.Supreme Court of the United States · 1949
  2. Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections Mabel A. King v. James F. Palmer, Director, D.C. Department of CorrectionsCourt of Appeals for the D.C. Circuit · 1991
  3. First National City Bank v. Banco Nacional De CubaSupreme Court of the United States · 1972
  4. Banco Nacional De Cuba, Plaintiff-Appellant-Cross-Appellee v. Chase Manhattan Bank, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1981
  5. United States v. CundiffCourt of Appeals for the Sixth Circuit · 2009

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