What is Stare Decisis? A jurisprudential norm that disputes in litigation should be adjudicated based on the rationale and holdings in prior court decisions of a similar nature. "What was said then should be said now".
Are Stare Decisis and Precedence intertwined? Yes. But Stare Decisis is much more than mere deference to precedence. The legal term "Super-Precedence" must come into play and is very different in scope and degree than simple precedence.
What is Super-Precedence? Super-Precedence suggests that the populace has become used to and accepting of a particular rule of law.... that the rule of law has become deeply ingrained in society and public discourse- usually with little dissent.
Arlen Spector's Play on Words: "Super Duper Precedence" is the jargon that the late Senator Arlen Specter preferred.
Is Roe Super-Precedential? In the Law, 2 plus 2 is not always 4. No better example of this conundrum is provided than the case of Roe v. Wade. Over a 30 year period, the body politic has viewed Roe as super-precedential. However, with the advent of a conservative majority on the Supreme Court, Roe may no longer be entitled to apex treatment or respect. This is particularly true when so many attorneys (and courts) are scrambling to divine (or craft) the perfect "test case" to confront Roe head-on.
Are there Clear Examples of Super-precedential Cases: Yes. Marbury v. Madison is, and always will be, entitled to super-precedential treatment. The power of the Supreme Court to review the constitutionality of congressional enactments (and other laws such as agency regulations and executive orders) will never be buried in the trash dump of history.
The same holds true for Brown v. Board of Education.
Source: https://www.wordorigins.org/harmless-drudge/super-precedent
How is the Constitution Interpreted? Other aspects of Constitutional Law- most notably differing philosophies of interpretation- often join the fray [and in many cases overlap]: Originalism, Textualism, Strict Construction, Functionalism, Sensitivity to current Public Sentiment, Structuralism, Judicial Activism, Original Meaning, Pragmatism, Historical Practices, Founders' Intent, Ethics, and Prudential. See Bobbit, Constitutional Fate: Theory of the Constitution (1982), Bobbitt, Constitutional Interpretation (1991), and Lawrence Tribe, On Reading the Constitution (1991).
