Justice Louis D. BrandeisJustice Louis D. Brandeis, (1856-1941) US Supreme Court Justice

Justice Louis D. Brandeis Quote

“'Stare decisis' is usually the wise policy.... [b]ut where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions...”

Justice Louis D. BrandeisJustice Louis D. Brandeis
~ Justice Louis D. Brandeis

Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406-407 (1932) (Brandeis, J., dissenting).

Ratings and Comments

E Archer, NYC

What Brandeis means is that courts should not just decide cases based upon past court precedents but to judge the matter afresh and in accordance with the law as it is written. This is particularly important for Constitutional issues -- just because of one poor court decision does not mean that all future cases must be decided as the previous one.


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