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Despite the ringing dictum of Marbury v. Madison that “every right, when withheld, must have a remedy,” rights to remedies have always had a precarious constitutional status. For over one hundred years, the norm was that victims of ongoing constitutional violations had rights to injunctive relief. But the Constitution nowhere expressly prescribes that norm, and recent Supreme […]

Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties into the future, and to structure their lives and mentalities based on those expectations. In following precedent, courts serve the reliance interests of those subject to the law and accordingly support their

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