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The Supreme Court’s Power Is Growing. The Public’s Confidence Is Shrinking

Big Take

How to Stick to Precedent and When to Toss It Away and Review the Law

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There are guideposts that the court has traditionally looked at so you know one is just how wrong was that previous decision was it egregiously wrong. The court has traditionally been less willing to overturn a precedent that involves interpreting a statute and the rationale is hey if we got that wrong Congress has the ability to pass a new statute and put it backyou know the way they want it.

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