more on stare decisis

In Knick v. Township of Scott, the Supreme Court today overruled a 1985 decision dealing with the Takings Clause. The vote was 5-4 ; Chief Justice Roberts wrote the majority opinion and was joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh. The dissent (by Justice Kagan), perhaps with eye to the fate of Roe v. Wade and Planned Parenthood v. Casey, expressed alarm about the majority’s failure to follow precedent. Kagan quoted last month’s opinion by Justice Breyer complaining about the Court overruling a 40 year old precedent. Justice Breyer then said–“Today’s decision can only cause one to wonder which cases the Court will overrule next.” In Knick, Justice Kagan added–“Well, that didn’t take long. Now one may wonder yet again.”

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew.