There’s long been a belief that the Supreme Court rarely departs from precedent. But as the court appears to intend to strike down Roe, we’re wondering what the data tell us about how consistent the Supreme Court has been at honoring precedent. And, is the Supreme Court more likely to depart from precedent in constitutional cases than other types?
To break it all down, we spoke to Washington University law professor Lee Epstein, about her 2015 paper, "The Decision To Depart (or Not) From Constitutional Precedent: An Empirical Study of the Roberts Court", co-authored by William M. Landes and Adam Liptak.
