O’Melveny Worldwide

POLITICO: Opinion | The Other Way the Supreme Court is Nullifying Precedent

September 16, 2022

O’Melveny special counsel Jeffrey Fisher authored this article outlining his opinion on the US Supreme Court’s recent overruling of Roe v. Wade and other foundational decisions. “Any assessment of the court’s fidelity to past judicial decisions should include a tally not just of decisions the court overrules but also those it walls off from any future extensions,” Fisher wrote. “A core feature of the rule of law is that judicial decisions must be worth more than their resolutions of specific controversies in the past. Otherwise, the value of precedent threatens to become nothing more than the degree to which the current members of the court thinks a prior decision is correct — in other words, a system, to invert John Adams’ famous phrase, of men, not laws.”

Read the full article here.