So, Do You Believe in 'Superprecedent'?

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    • Abstract:
      The article comments on the new theory of so-called superprecedents that is gaining currency on the political right as well as the left. The idea of superprecedents is more powerful than a simple affirmation of stare decisis. An origin of the idea was a 2000 opinion written by J. Michael Luttig, a judge on the U.S. court of Appeals for the Fourth Circuit. Luttig thought it was important that Roe v. Wade had been repeatedly reaffirmed by different Supreme Courts, composed of justices appointed by presidents from different parties. The idea of superprecedents is still so new that it has not been thoroughly debated.