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The Power of Precedent$
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Michael J. Gerhardt

Print publication date: 2008

Print ISBN-13: 9780195150506

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195150506.001.0001

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Super Precedent

Super Precedent

Chapter:
(p.177) Super Precedent 6
Source:
The Power of Precedent
Author(s):

Michael J. Gerhardt (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195150506.003.0007

This chapter examines the relatively rare, though highly significant circumstances in which precedents are practically immune to reconsideration or reversal. After reviewing the basic features that super precedents share, it examines whether specific precedents, such as Roe v. Wade, have these features. It concludes with an examination of the ramifications of super precedent for both constitutional theory and Supreme Court selection.

Keywords:   precedent, super precedent, Constitutional law, Constitutional theory, Supreme Court

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