Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.
Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.
In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.
There is no figurative boat to the rock anymore. Our laws are based on stare decisis and the highest authority of it is blatantly corrupt.
They can remove any sort of right and face no repercussions beyond strongly worded opinions from Sotomayor and Jackson.
didn’t they overturn stare decisis with chevron?
I don’t think so. It seems like a specific case that creates a guidance for courts to follow US agency’s enforcement of a law, and that’s no longer the case, but IANAL.
I’m using stare decisis in the general sense in that it’s a quality of most western law systems, particularly US - past decisions and higher authorities take precedence.
But what happens when the highest authority makes bad-faith decisions?