The operation of stare decisis in our judicial system has received some attention lately given the recent major decisions from the U.S. Supreme Court in which the court overturned long-standing precedent. It is helpful to understand what stare decisis is, how it operates, and what its limits are when we discuss its role in our legal system. 

Stare decisis is a Latin term meaning “to stand by things decided.” In law, the principle operates as a presumption that a court will follow the precedent set by prior decisions of a court with binding authority on the same or similar legal issues. The doctrine may be discussed either in reference to a court following its own prior decisions, or following the decisions of other courts with binding authority on the court considering the issue. In either case, application of the presumption means that the court will follow the same rule as decided by the court that previously considered the issue.