William Watkins reports on a panel at the Federalist Society meetings Thursday. Professor John McGinnis was caught complimenting the Senator Specter idea (sometimes misattributed to Luttig, who seems to me to have been using the term "super-stare decisis" ironically) that a precedent that has been affirmed or accepted by judges from across the spectrum for a long enough time, then that case is a "super-precedent" entitled to great deference. "The house came down" when Judge Easterbrook responded with a five-word refutation: "Oh, you mean like Plessy?"
Easterbrook and McGinnis on "super-precedent"
Center for Legal Policy at the