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From yesterday's dialogue with Feinstein:

ALITO: There are a number of factors that figure in the application of stare decisis in particular cases. There are factors that weigh in favor of stare decisis and there are factors that weigh against stare decisis.

Factors that weigh in favor of stare decisis are things like what the initial vote was on the case, the length of time that the case has been on the books, whether it has been reaffirmed, whether it has been reaffirmed on stare decisis grounds, whether there has been reliance, the nature and the extent of the reliance, whether the precedent has proven to be workable.

ALITO: Those are all factors that have to be considered on an individual basis.

FEINSTEIN: But I'm asking you: What would be the special justification that you mentioned this morning that would be needed to overcome precedence and reliance?

ALITO: Well, I think what needs to be done is a consideration of all of the factors that are relevant.

This is not a mathematical formula. It would be a lot easier for everybody if it were, but it's not.

The Supreme Court has said that this is a question that calls for the exercise of judgment. And they've said there has to be a special justification for overruling a precedent. There is a presumption that precedence will be followed.

But it is not the -- the rule of stare decisis is not an inexorable command. And I don't think anybody would want a rule in the area of constitutional law that pointed and said that a constitutional decision once handed down can never be overruled.

So it's a matter of weighing all of the -- taking into account all of the factors and seeing whether there is a strong case based on all of the...

FEINSTEIN: My question was a different one, respectfully.