Negri v. Slotkin

The doctrine of stare decisis was developed to bring about certainty, stability and predictability of the law.1 Giving stare decisis effect to a decision signed by less than a majority of the whole Court defeats the purpose of the rule.

Whatever shade of difference there may be between "stare decisis” and "binding on the Court of Appeals and trial courts” is primarily one of semantics. We do not delude ourselves. The Supreme Court can change even long-established law with enough votes — and this fact goes to the heart of the problem. How many signatures are "enough” to void, reverse or change…