Is Elena Kagan the stare decisis justice?

US Supreme Court Justice Elena Kagan has been cited as one of the staunchest defenders of precedent on the court since her 2015 opinion in Kimble v. Marvel Entertainment, LLC. In a recent appearance at the University of Pennsylvania, Kagan reflected on her most proud opinions, highlighting her discussion of stare decisis in Kimble. The case involved a dispute over royalties from a Spider-Man toy patent and saw the Supreme Court uphold its earlier decision in Brulotte v. Thys Co., which held that patent holders cannot charge royalties after their patents expire. Kagan's opinion emphasized the importance of exercising judicial authority sparingly, citing stare decisis as a foundation stone of the rule of law.

US Supreme Court Justice Elena Kagan has been at the forefront of upholding precedent on the court since her 2015 opinion in Kimble v. Marvel Entertainment, LLC. In a recent appearance at the University of Pennsylvania, Kagan reflected on her most proud opinions, highlighting her discussion of stare decisis in Kimble.

The concept of stare decisis is a fundamental principle in US law, guiding courts to generally not overturn their earlier rulings unless there is a compelling reason to do so. In the context of Kimble v. Marvel Entertainment, LLC, the Supreme Court was faced with the question of whether it should overrule its 1964 decision in Brulotte v. Thys Co., which held that patent holders cannot charge royalties for the use of their inventions after the patent expires.

Kagan's opinion in Kimble emphasized the importance of exercising judicial authority sparingly, citing stare decisis as a foundation stone of the rule of law. This stance has been consistent with her approach to precedent on the court since that decision. In fact, Kagan has been perhaps the staunchest defender of precedent on the court, upholding earlier decisions even when faced with challenges.

Kagan's commitment to upholding precedent is a significant aspect of her judicial philosophy. As one of the most influential voices on the Supreme Court, her stance on stare decisis has far-reaching implications for the development of US law. Practitioners and scholars alike would do well to consider Kagan's approach to precedent in their own work.