Statutory stare decisise tenuta del precedente wrongly decided: una lettura di Loper Bright Enterprises v. Raimondo

Statutory stare decisis and wrongly decided precedents: a reading of Loper Bright Enterprises v. Raimondo–The article analyzes the Supreme Court’s decision in Loper Bright Enterprises v. Raimondoto situate it within a judicial trend that appears to progressively consolidate around a restrictive reading of the stare decisis doctrine. The article sets off from an assessment of the status of Supreme Court’s precedents to identify specifically the so-called ‘superprecedents’, i.e. those past judgments that, because they consolidated constitutional doctrines or created legal mechanisms or guaranteed specific interests, are granted peculiar normative resistance to overruling. Against this background, the work explores the stability of the logic of superprecedents within statutory interpretation, turning then to illustrate the majority’s reasoning in Loper Bright. Afterwards, the article addresses critically the thesis supporting a weak conception of stare decisis to conclude with some remarks on the solidity of the judicial approach that Loper Brightappears to consolidate