Did You Ever Wonder?
What is a Judicial Precedent?
By Charles T. DeTulleo, Esquire Law Office of Charles T. DeTulleo
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his article was started on June 25, 2022, in advance of the submission requirement of New Matter deadline of July 1, 2022. My decision to write about this topic is based on two recent decisions by the United States Supreme Court [(SCOTUS) hereinafter (USSC)] cited as slip opinions, DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN'S HEALTH ORGANIZATION ET AL., CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, No. 19-1392. _____ U.S. _____, 2022, Argued December 1, 2021 - Decided June 24, 2022, and NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL. v. BRUEN, SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL., CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, No. 20-843. _____ U.S. _____, Argued November 3, 2021 - Decided June 23, 2022. One of the main themes of the Dobbs case concerns precedence as it relates to the (USSC) decision in Roe v. Wade, 410 U.S. 113; 93 S. Ct. 705; 35 L. Ed. 2d 147; 1973 and
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Planned Parenthood v. Casey, 505 U.S. 833; 112 S. Ct. 2791; 120 L. Ed. 2d 674; 1992 U.S. LEXIS 4751; 60 U.S.L.W. 4795. The decision in the New York case also involves judicial precedence as it relates to the history of a New York state law. [N. Y. Penal Law Ann. §400.00(2)(f)]. The legal definition of a judicial precedent, also known by the latin term stare decisis, is common knowledge to every law school graduate. It provides a comforting signal to the graduate that she/he need not worry a lot about massive changes in the law that our courts look at on almost a daily basis. Even though the judicial system of the United States prohibits the courts from “making law,” there is a common expression used that when a court decides a case the decision becomes “case law.” There is typically some confusion by people who need an attorney for a legal purpose to have their understanding about what the actual “law” is in their case. For laymen reading this article, the ideas expressed are more than just words or theories. Your lawyer that pursues representation of your matter relies heavily on the courts following this judicial precedent to obtain a good result in your case. If a judicial precedent is reversed, overruled or overturned, it may result in you losing your case or making it worse. In some cases, it may even result in you winning your
