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Salt Lake Tribune · Jun 27, 2019

George F. Will: Let flawed court precedent fall

FILE - In this Sept. 21, 2018 file photo, Pennsylvania resident Rose Mary Knick stands next to a private property sign on her farmland in Lackawanna County's Scott Township. The Supreme Court is siding with Knick in a case that gives citizens another avenue to pursue claims when they believe states and local governments have harmed their property rights. The high court ruled Friday in the case. (AP Photo/Jessica Gresko) Washington • The doctrine that court precedents should have momentum for respect — the predictability of settled law gives citizens due notice of what is required or proscribed — is called stare decisis. This Latin translates as: “To stand by things decided.” The translation is not: “If a precedent was produced by bad reasoning and has produced irrational and unjust results, do not correct the error, just shrug, say, ‘well, to err is human,’ and continue adhering to the mistake.”

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