Superprecedents

[RJLipkin at aol.com]

I worry about the notion of  a "superprecedent." If I understand this notion 
correctly, it would seem that  the Slaughterhouse cases and the Civil Rights 
cases would  clearly count as superprecents; yet several important scholars 
have recommended,  plausibly in my view, overturning these cases.  More 
important,  Plessy clearly qualifies as a superprecedent.  Thus, the idea of a  
superprecent puts Brown in jeopardy while at the same time rendering  Brown 
unassailable.  Accordingly, I see  enormous obtacles in rendering the notion of a 
superprecedent  constitutionally legitimate, politically desirable, or conceptually 
 coherent.
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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