Quote:
Originally posted by Atticus Grinch
So I would be comfortable relying on a 4-3 decision until it gets appealed to the SCOTUS, in which case all bets are off for stare decisis anyway.
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Agreed. I didn't mean to suggest that lower courts would not be bound. But it seems to me, and I thought I was taught some basis for this in law school, that a justice would be less inclined to feel bound by
stare decisis on a question resolved by the court as currently composed, but when that justice was recused, than on a question decided by an earlier court. That was my sole point--nothing broader.
