Cite as: 558 U. S. ____ (2010)
7
ROBERTS, C. J., concurring
Jackson explained, this requires a “sober appraisal of the
disadvantages of the innovation as well as those of the
questioned case, a weighing of practical effects of one
against the other.” Jackson, Decisional Law and Stare
Decisis, 30 A. B. A. J. 334 (1944).
In conducting this balancing, we must keep in mind that
stare decisis is not an end in itself. It is instead “the
means by which we ensure that the law will not merely
change erratically, but will develop in a principled and
intelligible fashion.” Vasquez v. Hillery, 474 U. S. 254, 265
(1986). Its greatest purpose is to serve a constitutional
ideal—the rule of law. It follows that in the unusual
circumstance when fidelity to any particular precedent
does more to damage this constitutional ideal than to
advance it, we must be more willing to depart from that
precedent.
Thus, for example, if the precedent under consideration
itself departed from the Court’s jurisprudence, returning
to the “ ‘intrinsically sounder’ doctrine established in prior
cases” may “better serv[e] the values of stare decisis than
would following [the] more recently decided case inconsis
tent with the decisions that came before it.” Adarand
Constructors, Inc. v. Peña, 515 U. S. 200, 231 (1995); see
also Helvering, supra, at 119; Randall, supra, at 274
(STEVENS, J., dissenting). Abrogating the errant prece
dent, rather than reaffirming or extending it, might better
preserve the law’s coherence and curtail the precedent’s
disruptive effects.
Likewise, if adherence to a precedent actually impedes
the stable and orderly adjudication of future cases, its
stare decisis effect is also diminished. This can happen in
a number of circumstances, such as when the precedent’s
validity is so hotly contested that it cannot reliably func
tion as a basis for decision in future cases, when its ra
tionale threatens to upend our settled jurisprudence in
related areas of law, and when the precedent’s underlying