Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of stare decisis, where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v. Madison. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, contending that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
Joan Ruth Bader Ginsburg was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was viewed as a moderate consensus-builder. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg authored the majority opinions in cases such as United States v. Virginia (1996), Olmstead v. L.C. (1999), Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. (2000), and City of Sherrill v. Oneida Indian Nation of New York (2005). Later in her tenure, Ginsburg received attention for passionate dissents that reflected liberal views of the law. She was popularly dubbed "the Notorious R.B.G.", a moniker she later embraced.
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.
The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the chief justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.
The chief justice of India (CJI) (ISO: Bhārata kē Mukhya Nyāyādhīśa) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the president of India to appoint, as recommended by the outgoing chief justice in consultation with other judges, (as envisaged in Article 124 (2) of the Constitution) the next chief justice, who will serve until they reach the age of 65 or are removed by the constitutional process of impeachment.
Merrick Brian Garland is an American lawyer and jurist who has served as the 86th United States attorney general since 2021. He previously served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. In 2016, President Barack Obama nominated Garland to the U.S. Supreme Court, but the U.S. Senate refused to hold a vote to confirm him.
Samuel Anthony Alito Jr. is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated to the high court by President George W. Bush on October 31, 2005, and has served on it since January 31, 2006. After Antonin Scalia, Alito is the second Italian American justice to serve on the U.S. Supreme Court.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases and for all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
John Glover Roberts Jr. is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a moderate conservative judicial philosophy, though he is primarily an institutionalist. Regarded as a swing vote in some cases, Roberts has presided over an ideological shift toward conservative jurisprudence on the high court, in which he has authored key opinions.
The Supreme Court of Illinois is the state supreme court, the highest court of the judiciary of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: three justices from the First District and one from each of the other four districts. Absent mid-term vacancy, each justice is elected for a term of ten years, which may be renewed and the chief justice is elected by the court from its members for a three-year term.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. The decision articulated a doctrine known as "Chevron deference". Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Ketanji Onyika Brown Jackson is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 2022, and confirmed by the U.S. Senate and sworn into office that same year. She is the first black woman and the first former federal public defender to serve on the Supreme Court.
Clarence Thomas is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022.
Ashley Brooke Moody is an American attorney and politician who has served since 2019 as the 38th attorney general of Florida. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.
