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by toss1 1135 days ago
Two years ago, I would not have made that argument, as SCOTUS actually practiced their stated policy of stare decisis — The doctrine or principle that precedent should determine legal decision making in a case involving similar facts — SCOTUS overturning it's own decisions was a rare event.

However, in the last two years, the court has repeatedly overturned, either explicitly or by the shadow docket, many large precedents set by the same court.

The impetus from the court politically skewed by senate leadership (note Merrick Garland, Amy Cohen Barrett), and the nature of the cases taken by the court and these reversals is obviously political.

This opens up as fair game all prior SCOTUS decisions, as they are obviously not settled law, but open to change on a whim. The SCOTUS has degraded its status from a determiner of settled law to a set of umpires for the current inning.

So, yes, it is entirely reasonable to question prior SCOTUS decisions, especially now.