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more on stare decisis

In Knick v. Township of Scott, the Supreme Court today overruled a 1985 decision dealing with the Takings Clause. The vote was 5-4 ; Chief Justice Roberts wrote the majority opinion and was joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh. The dissent (by Justice Kagan), perhaps with eye to the fate of Roe v. Wade and Planned Parenthood v. Casey, expressed alarm about the majority’s failure to follow precedent. Kagan quoted last month’s opinion by Justice Breyer complaining about the Court overruling a 40 year old precedent. Justice Breyer then said–“Today’s decision can only cause one to wonder which cases the Court will overrule next.” In Knick, Justice Kagan added–“Well, that didn’t take long. Now one may wonder yet again.”

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