Stare decisis binds only when judges would rather not follow precedent

Evidence

Stare decisis has no bite when it means merely that a court adheres to a precedent that it considers correct. It is significant only when a court feels constrained to stick to a former ruling although the court has come to regard it as unwise or unjust. — G. Alan Tarr, Judicial Process and Judicial…, 2502

Categorization

• DEFINE: Sharp, operative definition distinguishing genuine stare decisis from mere agreement — useful for exams and analysis.
• XREF: connects to: Stare decisis requires treating prior decisions as binding regardless of perceived correctness. — Frederick Schauer, Thinking Like a Lawyer, 106; Precedent obliges judges to follow cases they believe were wrongly decided. — Frederick Schauer, Thinking Like a Lawyer, 69; Courts reason that binding successors harms the public by blocking adaptive response to change — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 132 (+2 more)

Broader Connections

• Stare decisis requires treating prior decisions as binding regardless of perceived correctness. #contradicts (1.00) — Frederick Schauer, Thinking Like a Lawyer, 106
• Precedent obliges judges to follow cases they believe were wrongly decided. #contradicts (0.92) — Frederick Schauer, Thinking Like a Lawyer, 69
• Courts reason that binding successors harms the public by blocking adaptive response to change #expands (0.80) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 132