Urging A Change In The Law: When To Set Aside Precedent?

The common law doctrine of stare decisis provides that once a court has decided a legal issue, subsequent cases presenting similar facts should be decided in conformity with the earlier decision.¹ But the doctrine is not an inflexible rule. Judicial decisions simply determine the rights of the parties to an action that is before the court at a particular time in history. They are not, and are not meant to be, immutable laws governing the conduct of mankind and designed for the ages, such as the Ten Commandments. Rather, opinions "must be read in the setting of the particular cases and as the product of preoccupation with their special facts."² The "precedential value of a judicial opinion is limited to the question presented by the facts of the case before the court."³