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Constitutional Law,
U.S. Supreme Court

Jun. 19, 2019

Precedent and the Roberts court

What weight will the Roberts court give to precedent? No issue is more important for the future of issues such as abortion rights, affirmative action, and gay and lesbian rights. And the initial answers could not be more discouraging for those who pin their hopes on the Roberts court caring about stare decisis.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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What weight will the Roberts court give to precedent? No issue is more important for the future of issues such as abortion rights, affirmative action, and gay and lesbian rights. And the initial answers could not be more discouraging for those who pin their hopes on the Roberts court caring about stare decisis.

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