CATO Supreme Court Review
precedent, Supreme Court, unions, stare decisis
Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”
Forte, David, "To Speak or Not to Speak, That Is Your Liberty: Janus v. AFSCME" (2018). Law Faculty Articles and Essays. 952.