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To: tacticalogic
Here's link to the Cato Institute brief in the Citizen's United case before the Supreme Court: Cato brief.

It's worth reading as an example of how lawyers deal with stare decisis and contrary precedents before the Supreme Court, and the Court itself deals with stare decisis in a major case.

Here are the opinions: Citizens United.

583 posted on 04/16/2010 1:56:05 PM PDT by Rockingham
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To: Rockingham
(d) The relevant factors in deciding whether to adhere to stare decisis, beyond workability—the precedent’s antiquity, the reliance interests at stake, and whether the decision was well reasoned—counsel in favor of abandoning Austin, which itself contravened the precedents of Buckley and Bellotti. As already explained, Austin was not well reasoned.

Where is the explanation of the flaw in the reasoning of Hammer v Dagenhard in Darby?

They simply declare it to be wrong without providing any evidence to support that findig, and go from there.

584 posted on 04/16/2010 2:12:35 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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