Speakeasy Ideas

Speakeasy Ideas


The Law episode 44: Tax Board v. Hyatt

August 01, 2019

How important is stare decisis?
Two months ago the U.S. Supreme Court, in a 5-4 decision, overturned a 40 year old precedent concerning the sovereign immunity of individual states. The majority opinion, written by Clarence Thomas, held that correcting the court’s constitutional mistakes outweighed the doctrine of stare decisis and the importance of abiding by precedent. The respect given to stare decisis and the willingness of the Court to overturn prior decisions will play a major role in upcoming Supreme Court decisions. 
Links:
The case itself: Franchise Tax Board of California v. Hyatt
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