Skip to main content
Special Justifications
Journal Articles
  • Randy J Kozel, Notre Dame Law School
Document Type
Publication Date
Publication Information
33 Const. Comment. 471 (2018)

The Supreme Court commonly asks whether there is a “special justification” for departing from precedent. In this Response, which is part of a Constitutional Commentary symposium on Settled Versus Right: A Theory of Precedent, I examine the existing law of special justifications and describe its areas of uncertainty. I also compare the Court’s current doctrine with a revised approach to special justifications designed to separate the question of overruling from deeper disagreements about legal interpretation. The aspiration is to establish precedent as a unifying force that enhances the impersonality of the Court and of the law, promoting values the Justices have described as fundamental.

Citation Information
Randy J Kozel. "Special Justifications" (2018)
Available at: