Trump, birthright citizenship and What legal precedent
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A bedrock legal doctrine called "stare decisis," Latin for "to stand by things decided," calls upon courts to respect their prior precedents when resolving new cases on similar matters. A basic tenet of U.S. law is that stare decisis promotes consistency and predictability in the law.
In law school, we’re all taught the basics of binding versus nonbinding precedent. Case law from within the applicable jurisdiction is generally binding, while case law from other jurisdictions is merely persuasive. Less often discussed is the fact that ...
The court has historically understood the perils of completely ignoring precedent and the will of the people. Chief Justice John Roberts is different.
"The trial court's dismissal of his renewal action relied on an inapplicable rule," plaintiff-appellant counsel Jennifer Peterson of Bondurant Mixson & Elmore told the Daily Report in an email. "Clear precedent supports our position,
It is a central principle of law: Courts, including the Supreme Court, are supposed to follow earlier decisions – precedent – to resolve current disputes. But on rare occasions, Supreme Court justices conclude that one of the court’s past ...
Even if you agree with the stated goals of President Trump’s executive orders, here are a few urgent reasons you should object to some of them and to all threats to disregard court rulings. One of President Trump’s Jan. 20 executive orders attempts to ...
On July 18, 2024, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule (Proposed Rule) applying the Truth in Lending Act (TILA) and Regulation Z (collectively referred to hereafter as Regulation Z) to earned wage access (EWA ...
The House of Representatives looks, operates, and negotiates much differently than it has within the last five years. The erosion of rules and precedent in committees, the numerous procedural votes held hostage on the floor, and last-minute bargains with ...
HOLLYWOOD, Fla. –The Department of Labor's latest attempt at an industrywide fiduciary standard is dominating conversation here at the 42nd NAILBA Annual Meeting. The conference kicked off Wednesday, or one day after the DOL released what it is calling a ...
A Texas hearing saw pushback to the federal government's recent reversal of a decades-long precedent that banned churches from endorsing politicians.