October 8, 2007
Stare Decisis: Constitutional Principle or Pernicious Doctrine?
If the majority opinion in Planned Parenthood v. Casey is to be believed, Roe v. Wade may not have been upheld but for the principle of stare decisis. Michael Paulsen has written that stare decisis in constitutional jurisprudence is "not just a bad idea" but "unconstitutional," and the Supreme Court should abandon it entirely. He will debate the weight properly afforded judicial precedent with our very own Bruce Ackerman.