Stare Decisis and the Inferior Courts of the United States

Abstract

While circuit courts are bound to follow circuit precedent under “law of the circuit”, the practice among federal district courts is more varied and uncertain, and routinely involves little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a “law of the district” similar to that of circuit courts. Through this narrow proposal, I explore the historical practices and policies of stare decisis in federal courts that are not Supreme.