🐘🐘 Humpleupagus 🐘🐘 on Nostr: Parties not before the court aren't bound. Stare decisis doesn't bind anyone. It just ...

Parties not before the court aren't bound. Stare decisis doesn't bind anyone. It just suggests that any future party is highly likely to be treated the same. This is not guaranteed though. There are exceptions and the court has disbanded with the rule on several occasions. See Brown v. Board, Roe v. Wade. Further small factual difference can change an outcome.

Further, the court cannot enforce law. It can only declare. It is the weakest branch. See Jackson on the Indian Removal Act. Any belief otherwise is an illusion created by the Civil Rights era.