Cite as: 508 U. S. 520 (1993)
Opinion of Souter, J.
into play by the parties, approaches without more the sort of "dicta . . . which may be followed if sufficiently persuasive but which are not controlling." Humphrey's Executor v. United States, 295 U. S. 602, 627 (1935); see also Kastigar v. United States, 406 U. S. 441, 454-455 (1972).
I do not, of course, mean to imply that a broad constitutional rule announced without full briefing and argument necessarily lacks precedential weight. Over time, such a decision may become "part of the tissue of the law," Radovich v. National Football League, 352 U. S. 445, 455 (1957) (Frankfurter, J., dissenting), and may be subject to reliance in a way that new and unexpected decisions are not. Cf. Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 854-855 (1992). Smith, however, is not such a case. By the same token, by pointing out Smith's recent vintage I do not mean to suggest that novelty alone is enough to justify reconsideration. "[S]tare decisis," as Justice Frankfurter wrote, "is a principle of policy and not a mechanical formula," Helvering v. Hallock, 309 U. S. 106, 119 (1940), and the decision whether to adhere to a prior decision, particularly a constitutional decision, is a complex and diffi-cult one that does not lend itself to resolution by application of simple, categorical rules, but that must account for a variety of often competing considerations.
The considerations of full briefing, necessity, and novelty thus do not exhaust the legitimate reasons for reexamining prior decisions, or even for reexamining the Smith rule. One important further consideration warrants mention here, however, because it demands the reexamination I have in mind. Smith presents not the usual question of whether to follow a constitutional rule, but the question of which constitutional rule to follow, for Smith refrained from overruling prior free-exercise cases that contain a free-exercise rule fundamentally at odds with the rule Smith declared. Smith, indeed, announced its rule by relying squarely upon
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