Judicial supremacy versus constitutional supremacy

[Frank Cross]

Has anyone ever argued (successfully or otherwise) that a decision violated
the equal protection clause of the Constitution because it departed from
precedent?

I can't see stare decisis as being of constitutional dimension, except
possibly as part of the framers' shared understanding of the judicial
function.  That's indirect and, I suspect, pretty weak.  But why does it
really matter whether the doctrine is constitutional in origin or application?


At 06:21 PM 3/24/2001 -0500, Patrick Wiseman wrote:
>On Fri, 23 Mar 2001, Michael S Paulsen wrote:
>
>:Okay.  I've held my tongue long enough.  Where does "stare decisis
>:law" come from?  Is it of constitutional status?  If so, what provision
>:creates a doctrine of stare decisis and what is that doctrine.
>
>It derives, at least in part, from the fundamental principle of justice,
>finally adopted as part of the US Constitution in the Equal Protection
>Clause, that like cases be treated alike.
>
>Patrick
>
>--
>Patrick Wiseman
>Professor of Law
>GSU College of Law
>404-651-2096
>
Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712