Case Analysis
Read the following synopsis of a legal case:
On February 8th, Randall Jenkins was conscripted into military service by his
government and told he would be trained and sent off to take part in war. Mr.
Jenkins, being of an older age (41 years) informed the military recruiter that he
would not be taking part in this war. The recruiter, Sgt. Major Wooley, informed
Mr. Jenkins that this was not a decision he could make. The following
morning, Mr. Jenkins failed to report for his military training and was
apprehended at 2:37 p.m. on February 9th and taken to the local jail for
processing. Throughout his apprehension, Mr. Jenkins asserted that given his
standing in society as a relative of a wealthy business owner, he should be
exempt and given the choice whether to serve or not.
1. legal system
2. how does the legal system apply to this case
3. what outcomes would you expect? why ?
Answers
Answer:
By exercising its power to determine the constitutionality of federal and state government actions, the Supreme Court has developed a large body of judicial decisions, or “precedents,” interpreting the Constitution. How the Court uses precedent to decide controversial issues has prompted debate over whether the Court should follow rules identified in prior decisions or overrule them. The Court’s treatment of precedent implicates longstanding questions about how the Court can maintain stability in the law by adhering to precedent under the doctrine of stare decisis while correcting decisions that rest on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions.
Although the Supreme Court has shown less reluctance to overrule its decisions on constitutional questions than its decisions on statutory questions, the Court has nevertheless stated that there must be some special justification—or, at least “strong grounds”—that goes beyond disagreeing with a prior decision’s reasoning to overrule constitutional precedent. Consequently, when deciding whether to overrule a precedent interpreting the Constitution, the Court has historically considered several “prudential and pragmatic” factors that seek to foster the rule of law while balancing the costs and benefits to society of reaffirming or overruling a prior holding:
Quality of Reasoning. When determining whether to reaffirm or overrule a prior decision, the Supreme Court may consider the quality of the decision’s reasoning.
Workability. Another factor that the Supreme Court may consider when determining whether to overrule a precedent is whether the precedent’s rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus “unworkable.”
Inconsistency with Related Decisions. A third factor the Supreme Court may consider is whether the precedent departs from the Court’s other decisions on similar constitutional questions, either because the precedent’s reasoning has been eroded by later decisions or because the precedent is a recent outlier when compared to other decisions.
Changed Understanding of Relevant Facts. The Supreme Court has also indicated that changes in how the Justices and society understand a decision’s underlying facts may undermine a precedent’s authoritativeness, leading the Court to overrule it.
Reliance. Finally, the Supreme Court may consider whether it should retain a precedent, even if flawed, because overruling the decision would injure individuals, companies, or organizations; society as a whole; or legislative, executive, or judicial branch officers, who had relied on the decision.
Explanation:
A survey of Supreme Court decisions applying these factors suggests that predicting when the Court will overrule a prior decision is difficult. This uncertainty arises, in part, because the Court has not provided an exhaustive list of the factors it uses to determine whether a decision should be overruled or how it weighs them.
The Appendix to this report lists Supreme Court decisions on constitutional law questions that the Court has overruled during its more than 225-year history.