Sipping My Tea
Strict Scrutiny
00:00
Is It Okay to Overturn Precedent When That Prior Decision Is Really Wrong?
The majority opinion in franchise tax board versus Hayek gave four reasons for overturning Hayek. And the last reason was, yeah, there's some reliance interest, but we're not convinced. Justice Kavanaugh also channels this idea that is okay to overturn precedent when that prior precedent is not just wrong, but really wrong.
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