[EL] stare decisis

[Rick Hasen]

My reader is not an academic, and he did not cite any studies to me to 
this effect.  As with everything else I post on the blog from others, my 
posting of (or linking to) writings of others does not mean I endorse 
what is written or stand behind it.  I try to offer a variety of 
perspectives on issues.

Rick

On 6/19/13 2:09 PM, David Adamany wrote:
>
> Rick:  With respect to the anonymous comment you report from a reader 
> of your blog about the four liberal justices joining Justice Scalia in 
> Arizona v. Inter Tribal Council, which begins as follows: "Liberals 
> don't care about stare decisis, conservatives do."  Has your 
> correspondent published work showing this to be true, or does he/she 
> refer to other published work to this effect?   In addition to 
> teaching election law in our law school, I also teach a course on the 
> Supreme Court in our Political Science Department--a course about the 
> Court as an institution deeply engaged in our political process.  The 
> perspective I suggest to students is in the modern period, at least 
> since the end of World War II and to some degree before that 
> time, stare decisis has not had much force in guiding the Court's 
> policy making, whether by liberal or conservative justices.   I rely 
> principally on the "behavioral" studies of Supreme Court voting that 
> appear in the social science literature and in some law review 
> articles.   If there is evidence that respect for stare decisis 
> divides along ideological lines, I'd like to revised what I teach.   
> Any evidence to the contrary of that assertion offered  by your 
> correspondent?
>
> David Adamany
>
> Laura Carnell Professor of Law
>
> and Political Science, and
> Chancellor
> 1810 Liacouras Walk, Ste 330
> Temple University
> Philadelphia, PA 19122
> (215) 204-9278
>
>
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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