The Highest Court: A Dialogue between Justice Louis Brandeis and Justice Antonin Scalia on Stare Decisis
The scene is the main reading room in the Supreme Court library. It is 12:01 AM on a Thursday night, and a hapless law clerk' named Madison Nomos' is working on a draft of a dissenting opinion for his Justice. Specifically, Nomos is researching whether an earlier Supreme Court case- one with which his Justice vehemently disagrees- should play a significant role in the Court's analysis of an issue that has gripped the nation. Nomos's Justice was recently confirmed, and this will be her first opportunity to firmly state her views on stare decisis in the Supreme Court. She has tasked the clerk with providing support for her argument that the Court should abandon its prior ruling. Nomos has been working on the opinion for hours and is no closer to reaching a conclusion than when he started. Though the courthouse is empty, the clerk hears a noise as the doors at the end of the room fling open. Justice Antonin Scalia and Justice Louis Brandeis enter the room, engaged in a heated argument over Webster's New International Dictionary: Second Edition (1934).
Response or Comment
P. Thomas DiStanislao, III, Comment, The Highest Court: A Dialogue between Justice Louis Brandeis and Justice Antonin Scalia on Stare Decisis, 51 U. Rich. L. Rev. 1149 (2017).