Cite as: 524 U. S. 236 (1998)
Opinion of the Court
§ 1651(a). Our rule permits us to carry out our normal function of reviewing possible misapplications of law by the courts of appeals without having to resort to extraordinary remedies.
Our decision, we must acknowledge, is in direct conflict with the portion of our decision in House v. Mayo, 324 U. S. 42, 44 (1945) (per curiam), holding that we lack statutory certiorari jurisdiction to review refusals to issue certificates of probable cause. Given the number and frequency of the cases, and the difficulty of reconciling our practice with a requirement that only an extraordinary writ can be used to address them, we do not think stare decisis concerns require us to adhere to that decision. Its conclusion was erroneous, and it should not be followed.
Stare decisis is "the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process." Payne v. Tennessee, 501 U. S. 808, 827 (1991). "Considerations of stare decisis have special force in the area of statutory interpretation, for here, unlike in the context of constitutional interpretation, the legislative power is implicated, and Congress remains free to alter what we have done." Patterson v. McLean Credit Union, 491 U. S. 164, 172-173 (1989).
We have recognized, however, that stare decisis is a "principle of policy" rather than "an inexorable command." Payne, supra, at 828. For example, we have felt less constrained to follow precedent where, as here, the opinion was rendered without full briefing or argument. Gray v. Mississippi, 481 U. S. 648, 651, n. 1 (1987) (questioning the precedential value of Davis v. Georgia, 429 U. S. 122 (1976) (per curiam)). The role of stare decisis, furthermore, is "some-what reduced . . . in the case of a procedural rule . . . which does not serve as a guide to lawful behavior." United States v. Gaudin, 515 U. S. 506, 521 (1995) (citing Payne, supra, at
251
Page: Index Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: October 4, 2007