Hubbard v. United States, 514 U.S. 695, 25 (1995)

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

Rehnquist, C. J., dissenting

sions, but, mirabile dictu our own decision! This novel corollary to the principle of stare decisis subverts the very principle on which a hierarchical court system is built. The second reason given is that there has been little or no reliance on our Bramblett decision; I believe that this ground is quite debatable, if not actually erroneous.

Today's decision harkens to the important reason behind the doctrine of stare decisis, but does not heed it. That doctrine is "a basic self-governing principle within the Judicial Branch, which is entrusted with the sensitive and difficult task of fashioning and preserving a jurisprudential system that is not based upon 'an arbitrary discretion.' " Patterson, supra, at 172, citing The Federalist No. 78, p. 490 (H. Lodge ed. 1888) (A. Hamilton). Respect for precedent is strongest "in the area of statutory construction, where Congress is free to change this Court's interpretation of its legislation." Illinois Brick Co., supra, at 736. Justice Brandeis' dissenting opinion in Burnet v. Coronado Oil & Gas Co., 285 U. S. 393 (1932), made the point this way:

"Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation." Id., at 406 (citations omitted).

We have recognized a very limited exception to this principle for what had been called "intervening developments in the law." But the cases exemplifying this principle, e. g., Andrews v. Louisville & Nashville R. Co., 406 U. S. 320 (1972); Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U. S. 477 (1989), have invariably made clear that the "intervening developments" were in the case law of this Court, not of the lower federal courts. Indeed, in Illinois Brick Co., we refused to follow a line of lower court decisions

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