MISCELLANEOUS MATTERS: Judicial Review: Stare Decisis

2010 (September Term)

United States v. Fosler, 70 M.J. 225 (the doctrine of stare decisis does not apply when a statute, executive order, or other basis for a decision changes). 

(stare decisis cannot possibly be controlling when the decision in question has been proved manifestly erroneous and its underpinnings eroded by subsequent decisions of the Supreme Court).

2008 (Transition)


United States v. Falcon, 65 M.J. 386 (the doctrine of stare decisis plays an important role in an appellate courtís decision-making; applying stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process; however, stare decisis is not an inexorable command; rather, it is a principle of policy and not a mechanical formula of adherence to the latest decision).

 

(precedent can be overruled if changes in society or in the law dictate that the values served by stare decisis yield in favor of a greater objective).

 

(where a judicial decision is based on public policy and that policy has changed, the doctrine of stare decisis does not prohibit an appellate court from revisiting that decision).

 

2003

United States v. Rorie, 58 MJ 399 (CAAF is not unmindful of the importance that the doctrine of stare decisis plays in its decision-making; the doctrine of stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process).

(a decision to alter a policy of abatement ab initio does not fall into any of the categories identified as important areas within which to preserve precedent under stare decisis; the issue is not one of constitutional or statutory interpretation, nor has it been presented with any reliance interests of appellant).

(stare decisis is a principle of decision-making, not a rule, and need not be applied when the precedent at issue is unworkable or badly reasoned; admittedly, the current policy of abatement cannot be considered unworkable; however, CAAF believes that the weight of reason supports a change in the rule).

(CAAF may alter its policy in regard to abatement ab initio without being constrained by stare decisis; CAAF is less constrained by the doctrine of stare decisis in this instance because it is determining a matter of court policy rather than contemplating a change in the law or a change impacting upon an articulable right of an appellant).

United States v. Inong, 58 MJ 460 (this Court is respectful of the important doctrine of stare decisis; under this fundamental principle, adherence to precedent is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process; stare decisis is a principle of decision making, not a rule, and need not be applied when the precedent at issue is unworkable or badly reasoned).


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