Baker V. Nelson - Application of The Baker Precedent

Application of The Baker Precedent

When dealing with precedents like Baker, lower courts may have to guess at the meaning of these unexplained decisions. The Supreme Court has laid out rules, however, to guide lower courts in narrowly applying these summary dispositions:

  • The facts in the potentially binding case must not bear any legally significant differences to the case under consideration.
  • The binding precedent encompasses only the issues presented to the Court, not the reasoning found in the lower court's decision.
  • Of the issues presented, only those necessarily decided by the Court in dismissing the case control.
  • Subsequent developments by the Court on the relevant doctrines may cast doubt on the continuing validity of a summary judgment.

Read more about this topic:  Baker V. Nelson

Famous quotes containing the words application of the, application of, application and/or precedent:

    The best political economy is the care and culture of men; for, in these crises, all are ruined except such as are proper individuals, capable of thought, and of new choice and the application of their talent to new labor.
    Ralph Waldo Emerson (1803–1882)

    We will not be imposed upon by this vast application of forces. We believe that most things will have to be accomplished still by the application called Industry. We are rather pleased, after all, to consider the small private, but both constant and accumulated, force which stands behind every spade in the field. This it is that makes the valleys shine, and the deserts really bloom.
    Henry David Thoreau (1817–1862)

    “Five o’clock tea” is a phrase our “rude forefathers,” even of the last generation, would scarcely have understood, so completely is it a thing of to-day; and yet, so rapid is the March of the Mind, it has already risen into a national institution, and rivals, in its universal application to all ranks and ages, and as a specific for “all the ills that flesh is heir to,” the glorious Magna Charta.
    Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)

    I am heartily tired of this life of bondage, responsibility, and toil. I wish it was at an end.... We are both physically very healthy.... Our tempers are cheerful. We are social and popular. But it is one of our greatest comforts that the pledge not to take a second term relieves us from considering it. That was a lucky thing. It is a reform—or rather a precedent for a reform, which will be valuable.
    Rutherford Birchard Hayes (1822–1893)