Bashman on Stare Decisis
Howard Bashman (How Appealling) has a terrific op/ed in the Los Angeles Times (registration required). Here is a taste:
- The U.S. Supreme Court sits atop this nation’s hierarchical system of justice. Once the Supreme Court decides a question of constitutional law, judges serving on lower courts must apply the Supreme Court’s ruling, whether they agree with it or not.
A federal judge whose conscience prevents him or her from applying the law faithfully should, at a minimum, refuse to participate in deciding those cases in which the impediment arises. For if one judge can elevate his conscience above the law, so can others, and soon we will have a system where judges at every level are free to decide cases based on personal predilection rather than binding judicial precedent and the texts of constitutions and statutes.