Hubbard v. United States, 514 U.S. 695, 19 (1995)

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Cite as: 514 U. S. 695 (1995)

Opinion of Stevens, J.

We think the text of § 1001 forecloses any argument that we should simply ratify the body of cases adopting the judicial function exception. We are, however, persuaded that the clarity of that text justifies a reconsideration of Bramblett.12 Although such a reconsideration is appropriate only in the rarest circumstances, we believe this case permits it because of a highly unusual "intervening development of the law," see Patterson, 491 U. S., at 173, and because of the absence of significant reliance interests in adhering to Bramblett.

The "intervening development" is, of course, the judicial function exception. In a virtually unbroken line of cases, respected federal judges have interpreted § 1001 so narrowly that it has had only a limited application within the Judicial Branch. See nn. 2 and 10, supra. This interpretation has roots both deep and broad in the lower courts. Although the judicial function exception has not been adopted by this Court, our review of Bramblett supports the conclusion that the cases endorsing the exception almost certainly reflect the intent of Congress. It is thus fair to characterize the judicial function exception as a "competing legal doctrin[e]," Patterson, 491 U. S., at 173, that can lay a legitimate claim to respect as a settled body of law. Overruling Bramblett would preserve the essence of this doctrine and would, to that extent, promote stability in the law.13

12 Because the fate of the judicial function exception is tied so closely to Bramblett, we find no merit in the Government's suggestion that a reconsideration of the validity of that decision is not fairly included in the question on which we granted certiorari. See generally Lebron v. National Railroad Passenger Corporation, 513 U. S. 374, 379-383 (1995).

13 The dissent criticizes us for according respect to a body of law developed in the lower courts, arguing that our decision will "induce" federal judges on the courts of appeals to "ignore" precedents from this Court and thereby invite chaos in the judicial system. Post, at 721. We would have thought it self-evident that the lower courts must adhere to our precedents. Indeed, the dissent's dire prediction is at odds with its own observation that "no lower court would deliberately refuse to follow the decision

713

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