Howard E. Chandler v. Eric K. Shinseki

KASOLD, Chief Judge, with whom GREENE, Judge,

joins, dissenting:

Certainly, matters that are settled should remain settled unless there is very good reason to unsettle them. See Citizens United v. FEC, — U.S. -, 130 S.Ct. 876, 911-912, 175 L.Ed.2d 753 (2010) (“[Precedent is to be respected unless the most convincing of reasons demonstrates that adherence to it puts [the Court] on a course that is sure error.”); see also Arizona v. Rumsey, 467 U.S. 203, 212, 104 S.Ct. 2305, 81 L.Ed.2d 164 (1984) (“[A]ny departure from the doctrine of stare deci-sis demands special justification.”). Equally…