Glossary

Stare decisis

The principle that courts should generally follow their prior decisions, giving the law stability and predictability.

Also called: precedent, binding precedent

Stare decisis, Latin for "to stand by things decided," is the principle that courts should follow precedent. Lower courts are bound by decisions of higher courts in their system (vertical stare decisis), and courts generally adhere to their own earlier rulings (horizontal stare decisis), even if today's judges might have decided the question differently.

The Supreme Court treats stare decisis as a strong presumption but not an absolute rule, especially in constitutional cases, since only the Court or a constitutional amendment can correct a constitutional error. Factors it considers when asked to overrule a precedent include the quality of the original reasoning, how workable the rule has proven, consistency with related decisions, changed facts and the reliance people have placed on it. Famous reversals include Brown v. Board of Education (1954) overruling Plessy v. Ferguson and Dobbs v. Jackson Women's Health Organization (2022) overruling Roe v. Wade.

Debate over stare decisis often tracks debate over results. Some advocates of originalism argue that clearly wrong precedents should be overruled; others value stability. Critics of recent reversals say they undermine confidence in the Court; supporters reply that correcting serious errors is part of the judicial duty.

Last reviewed November 8, 2026

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Related terms

Originalism A theory that the Constitution should be read according to the meaning its words carried for the public when they were ratified. Dobbs v. Jackson Women's Health Organization The 2022 Supreme Court decision holding that the Constitution does not confer a right to abortion, returning the issue to elected officials. Judicial review The power of courts to strike down laws and government actions that conflict with the Constitution. Writ of certiorari The order by which the Supreme Court agrees to review a lower court's decision, granted at the justices' discretion. Judicial restraint A judicial philosophy that courts should defer to elected branches and strike down laws only when they clearly violate the Constitution.