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Easterbrook and McGinnis on "super-precedent"

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?"



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.