St. Croix County Department of Health and Human Services v. Michael D.

SHIRLEY S. ABRAHAMSON, J. and ANN WALSH BRADLEY, J.

¶ 85. (dissenting). Stare decisis (Latin for "let the decision stand") is a basic tenet of the rule of law.1 Although stare decisis is not a mechanical formula requiring blind adherence to precedent, departing from precedent requires special justification,2 and " [n]o change in the law is justified by a change in the membership of the court or a case with more egregious facts."3

¶ 86. Although the majority opinion states that it "adher[es] to the important principle of stare decisis,"4 it does not. The majority opinion, without special…