Lawrence Bluestone Pens Op-Ed For Law360 "Horizontal Stare Decisis Should Not Be Casually Discarded"

What happens if we throw out one of the core guardrails of our appellate system?

In his new Law360 op-ed, Genova Burns Partner and Complex Commercial Litigation specialist Lawrence Bluestone, Esq. weighs in on a growing debate sparked by Judge Andrew Oldham’s recent lecture urging the Fifth Circuit to abandon its “rule of orderliness.” It’s a bold idea, but as Lawrence explains, it’s one that could make our courts less predictable, more partisan-seeming, and far more expensive for the people who rely on them.

Drawing parallels to Justice Gorsuch’s views in Loper Bright, Lawrence explains why the law of the circuit doctrine isn’t just a technical rule, it’s one of the few things that helps keep the system steady, fair, and understandable for lawyers and litigants alike.