http://www.scotusblog.com/wp/more-on-yesterdays-opinion-in-the-vermont-cases/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 http://www.scotusblog.com/wp/more-on-yesterdays-opinion-in-the-vermont-cases/comment-page-1/#comment-9992 yokem55 Wed, 28 Jun 2006 00:06:45 +0000 http://www.scotusblog.com/wp/uncategorized/more-on-yesterdays-opinion-in-the-vermont-cases/#comment-9992 My reading of Alito's opinion is that his refusal to join the <i>stare decisis</i> wasn't so much that he doesn't like principle as that he felt that since the respondents only made a half-hearted plea to revisit Buckley, that the application of <i>stare decisis</i> with regard to Buckly shouldn't be decided right now. In fact it seems like he sees the issue of <i>stare decisis</i> to be sufficiently important that any attempt to revisit the Buckley decision should require the participants in the case to address the issue of <i>stare decisis</i>, and conversely failing to do so invalidates any argument to reverse the earlier decision. My reading of Alito’s opinion is that his refusal to join the stare decisis wasn’t so much that he doesn’t like principle as that he felt that since the respondents only made a half-hearted plea to revisit Buckley, that the application of stare decisis with regard to Buckly shouldn’t be decided right now. In fact it seems like he sees the issue of stare decisis to be sufficiently important that any attempt to revisit the Buckley decision should require the participants in the case to address the issue of stare decisis, and conversely failing to do so invalidates any argument to reverse the earlier decision.

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