"to stand by things [already] decided".
precedent
More recent decision carry considerably more weight than earlier decisions.
A more recent decision can promulgate a newer legal theory that comes to replace a prior theory stated or implied in earlier precdents.
An example of changing legal theory:
Buck-Bell (1927)
was decided at a time when DueProcess
meant procedural process alone.
Lochner-NewYork (1905)
introduced SubstantiveDueProcess
to maintain that the "right to contract" was included in the 14th amendment DueProcess
clause.
Dobbs v. Jackson Women's Health Organization (2022)
Alito majority identified factors that should be considered in deciding when a precedent should be overruled: