Researcher ORCID Identifier
0000-0002-5883-3879
Graduation Year
2022
Date of Submission
4-2022
Document Type
Open Access Senior Thesis
Degree Name
Bachelor of Arts
Department
Government
Reader 1
Professor Kenneth Miller
Terms of Use & License Information
Rights Information
© 2022 Daniel E Kim
Abstract
When the Supreme Court invokes the doctrine of stare decisis in their opinions, they are appealing to the fundamental principle that precedents have authority by virtue of being a precedent. However, they also recognize other concerns that come with the decision to defer to precedents or to overturn them. In pursuit of maintaining the rule of law, the Court uses various legal tests to guide them through sometimes competing concerns of precedential authority, including what is called reliance interests: the consideration of whether the precedent has engendered a reliance to the said precedent, to the extent that overturning it would cause significant harm. Because reliance interests are the basis for consequential Supreme Court decisions regarding fundamental constitutional rights, it is important to have a clear understanding of why it is used, how it is used, and whether it should be used in the judicial process. These are the questions I aim to answer in this thesis. Ultimately, I find that reliance interest considerations are redundant as part of stare decisis deliberations, and I further argue that because of its potential to be harmful, that redundancy may not justify its use. For the Court’s application of stare decisis to be more robust, a solution other than reliance interests may be needed.
Recommended Citation
Kim, Daniel, "Redundant Reliance and The Supreme Court's Application of Stare Decisis" (2022). CMC Senior Theses. 3044.
https://scholarship.claremont.edu/cmc_theses/3044
