Notre Dame Law Review Volume 95 Issue 4 Article 11 5-2020 Stare Decisis and the Supreme Court(s): What States Can Learn from Gamble Zachary B. Pohlman Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Courts Commons, Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation 95 Notre Dame L. Rev. 1731 (2020). This Note is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact
[email protected]. \\jciprod01\productn\N\NDL\95-4\NDL411.txt unknown Seq: 1 3-MAY-20 15:25 STARE DECISIS AND THE SUPREME COURT(S): WHAT STATES CAN LEARN FROM GAMBLE Zachary B. Pohlman* INTRODUCTION In the October 2019 Term, the Supreme Court has been asked to over- rule at least nine of its prior decisions.1 Supreme Court litigants may be more emboldened to seek such a holding given the Court’s recent willing- ness to reconsider its precedents2—a trend that has not gone unnoticed by the legal academy3 nor by the Justices themselves.4 These overrulings prove that stare decisis—the legal maxim that implores judges to “let the decision stand”5—is a prudential limitation, not an absolute rule.6 The Court’s recent * Candidate for Juris Doctor, Notre Dame Law School, 2021; Bachelor of Arts in Economics, Philosophy, and Theology, Rockhurst University, 2018. I would like to thank Professor Randy Kozel, Professor Jeffrey Pojanowski, and Timothy Bradley for their valuable comments and feedback.