Is stare decisis dead?

SCOTUS overruled another venerable precedent this week. (Will Roe v. Wade be the next to go?) The case is South Dakota v. Wayfair, Inc., a decision we hope is quickly overruled by Congress. Due to other commitments (Summer A grading), we will discuss the sordid details of the Wayfair case–and propose a bill to Congress to overrule this hideous decision–next week. In the meantime, check out Will Baude’s excellent summary, via Volokh, of this stare decisis divide.

Update (29 June 2018): I have now posted part 1 and part 2 of my analysis of the Wayfair case.

About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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5 Responses to Is stare decisis dead?

  1. Abogada Guerra says:

    I hope it gets overruled also.

  2. CHC says:

    The reach of the US Government in “interstate commerce” is so ridiculously broad already — my exhalation of carbon dioxide will someday be considered a pollutant in a neighboring state, therefore subject to the Commerce Clause — so this sales tax thing seems like, what took them so long?

    • Yes, SCOTUS has created (and not yet overturned) a “cumulative effects” test: even purely local or intra-state activity can be regulated by Congress if the aggregate effects of the activity are large enough!

  3. Pingback: Final thoughts on the Wayfair case | prior probability

  4. Reblogged this on prior probability and commented:

    Stare decisis for thee but not for me?

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