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Washington and Lee University School of Law professor Russ Miller is a constitutional law scholar whose recent work analyzes the evolution of the U.S. Supreme Court’s doctrine of stare decisis. His article The Purpose and Practice of Precedent examines how shifts in judicial reasoning over the past decade predicted the Court’s radical reinterpretation of precedent in Dobbs v. Jackson Women’s Health, ultimately reshaping substantive due process jurisprudence.
Russ Miller’s research focuses on constitutional law, legal theory, and the dynamics of judicial decision-making. His work situates the Dobbs ruling within a broader debate about the role of precedent, highlighting four emerging approaches from the Roberts Court: complete abandonment of stare decisis, incremental erosion, modernized adherence, and hybrid perspectives.
The article is part of ongoing scholarship in the UC Law Constitutional Quarterly, a publication dedicated to constitutional legal discourse. Miller’s analysis underscores the implications of the Dobbs decision for future judicial interpretations of individual rights and institutional legitimacy.
