Ms. Rosenberg @msrosenberg.bsky.social

My question: Is horizontal stare decisis just … dead? Will the federal appeals courts still consider themselves bound by prior decisions? Will the state courts follow the federal? That would be a profound change to the way we understand common law, both substance & procedure.

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Ms. Rosenberg @msrosenberg.bsky.social [ View ] Jun 30, 2024 at 16:04 UTC

I guess as a practical matter, if you have binding authority from the appeals court you’re in, you don’t just rely on it; you start by arguing why the court should follow it

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