What is "stare decisis"?

What is stare decisis? And what has the Supreme Court done with it?

Illustration shows a pendulum, where the spots on the pendulum are listed as “legal, less legal, more legal very legal.”

Text of this page says, : We rely on our laws being fairly consistent, so that we can plan our lives, act accordingly. If laws and, crucially, our Constitutional rights, live on a pendulum, they’re not workable.

Text says: Stare decisive is a legal concept that means “stand by things decided.” Stop sign in illustration says “STARE DECISIS, (you decided this already, stop!” Justices at the bottom of illustration are thinking “Ah yes, that’s right, we decided this years ago.”

Text of this page shows an equation that says: If legal issue A = legal issue B and A is legal, or a right, or a certain interpretation, THEN, because of stare decisis, B is legal, a right or that certain interpretation (the same as A).

Text of this page says: When courts answer questions about the law, they are expected to do so within the context of their past decisions. An illustration of the justices saying “In 1950, we sed red dots were legal, so these red dots must be legal too!”

The illustration shows a red dot that says “ok” on it, and underneath it says, “back then.” On the right, is another red dot, that says “today” and also “ok” on it. Because of stare decisis, they are treated the same.

Text of this page says: Stare decisis means courts aren’t in the business of overruling themselves, except in rare circumstances when the earlier decision or view was “wrong.”

Illustration shows the stare decisis stop sign saying “Only in the RAREST of circumstances, you hear me? Only in the rarest of circumstances.” Below is the Supreme Court comparing the two red dots.

Text of this page says: The court was WRONG to say that racial segregation laws were ok, so it overruled itself.

Illustration shows big red blob that says “Separate but equal, Plessy v. Ferguson” being torn apart by a Supreme Court justice saying “That was wrong.”

Text of this page says: And the court was wrong to say that laws criminalizing sexual activity between adults of the same sex was ok, so it overruled itself.

Illustration of Supreme Court justice tearing apart a blob that refers to the case in question. Justice is saying “WRONG.”

This page is only text and says: In the past, overruling moved us FORWARD, correcting interpretations that prolonged the inequality our country was founded on* and conflicted with the spirit of equality in our founding text and subsequent amendments. Is what’s “wrong” in the eye of the beholder? Sure, but…

Text of this page says: Now, by overruling Roe v. Wade (and the case that affirmed it in 1991) and taking away a fundamental right, the court has moved us BACKWARDS, to a time where the state can interfere heavily into personal decisions about our bodies, families, and futures.

Illustration shows Supreme Court saying, “we’ll take that back. Not yours anymore” and grabbing at a red blob, signifying a right. Woman looking angry is saying “Hey, we’ve relied on this for decades!”

Text of this page says: Not only do we have fewer rights than we did a few months ago, but we have a court that has made it clear that stare decisis- the respect for precedent - DOES NOT MATTER - if the issue is one that at least five of the justices don’t like.

Illustration shows a split Supreme Court, one of them saying “Precedent? Who cares!” And another one saying, “We are the law now!”

I want to know it all!

I was a bit obsessive with the news when Russia first invaded Ukraine. That obsession inspired this little comic.

Text at the top says: I want to know it ALL! And I want to know it NOW!

Below is an illustration of a woman looking at a large tablet. She is looking quizzically and wearing a blue shirt. Illustration is very loose and messy and the tablet is made out of a collaged piece of paper.

Text at the top says: What is Putin thinking? Who killed Jon Tenet?

Illustration shows a bubble (a thought bubble) with magazine covers, including “Who killed Jon Tenet” with her face on it, another one called “Trump lies A to Z” with a man with a collaged bit of paper to represent orange hair. There is also, “Is Johnny Depp Lying? (He Must Be!),” “Inside Putin’s Brain,” What was life like in 1321?” And “The inside of the KGB.”

Text at the top says, “Where did Amelia Earhart go? Will we solve climate change? Is there life on other planets? Why is my dog looking at me like that?!

Illustration shows a woman with flight goggles saying “hi!,” a collaged world that is saying “You did it! You saved me!,” some collaged green columns saying “We’ve been watching you for years, we come in peace,” and a black dog drawn in curlycues looking quizzically at the viewer.

The text at the top says, “I want to know what’s true, what’s fake, what’s foggy, and why.” The illustration shows a blonde woman looking anxious, with a thought bubble that says, “Too much uncertainty! Help me understand!” Around the thought bubble are more collaged bits and lots of question marks.

The text at the top says: If it’s unknowable, I want to know that. If it’s unpredictable to the experts, I want to know that text. The illustration shows the blonde woman looking at a book called “Expert perspectives” with other books called “primary sources” sitting next to her.

Text says: I like to think that when we die, we get to know everything. As if, instantly, you’re gone from this world, but now you get to know the truth behind all the secrets, things lots to history, the mysteries, the future. Illustration shows a gravestone that says “R.I.P. Now I get to know everything.” Next to the gravestone is the blonde woman saying, “Tell me Grandma, what have you learned?”

Text on this page says, “But I don’t want to wait until then to learn everything. Tell me the secrets! What aren’t they saying? What don’t I understand? Illustration shows the blonde woman with a big smile, saying “I’m all ears.” Her ears are very prominent because they are collaged pieces of paper that stand out on top of the ink drawing.

Text on this page says, “I want to know it all, and I want to know it now, so that I can make better decisions, understand the nuances, and satiate my curiosity.”

Illustration shows the blonde woman with her brain opened up. We see collaged bits of paper representing her brain, and she is grabbing at it. Next to her, it says “I’ll just store all the info here so I can use it…”

This page says, “I want to know it all!” This illustration reuses illustrations from prior pages of the woman.

The day they took away a fundamental right

On Friday, June 24, 2022, the U.S. Supreme Court took away a fundamental right from Americans when it overruled Roe v. Wade. Those who were watching closely had seen it coming for years, but that doesn’t mean it wasn’t a complete blow, to our senses of dignity and the legitimacy of the court, when it did finally happen.

The text in the middle of the page says, “this morning, I woke up with a FUNDAMENTAL RIGHT under my nation’s Constitution. Tonight, I go to sleep without it.” Illustration shows a woman waking up in the morning and then laying in bed, sad.

Text says, “What does it feel like to have had more rights than your daughter, fewer rights than your mother,”

Illustration shows a woman with a bob holding a blue blob, a collaged piece of paper. Next to her is a younger woman reaching for the blue blob, with torn up blue bits next to her.

Text says, “fewer rights than YOURSELF,”

Illustration shows a woman with tears coming down her face, tears created with collaged blue paper. She has her legs and arms crossed. Next to her are younger versions of herself, holding intact blue blobs (collaged paper). Text above each of them says, “a day ago, 6 months ago, 15 years ago,”

Text at the top says, “and a legal system that smashes a half century of legal precedent.” Illustration shows collaged bits of paper, mostly blue, some orange. They are pointy and all over the page, like an explosion. Under them is a Supreme Court bench, with 6 justices behind it, saying in a single voice, “Look what we can do!”

This page simply says, “This.” There are no illustrations.

In the middle of the page, it says “This is what it feels like.”

Below, towards the bottom, are a few of the collaged bits of paper from the prior drawing, in a tiny pile on the ground.