Commercial Litigation and Arbitration

Confronting Argument That Binding Supreme Court Decision Is Wrong: “Whether or Not the Supreme Court Is Infallible, It Is Final,” and “It Belongs to That Court … to Decide Whether to Revisit Its Precedent” — Good Quotes

Woolsey v. Citibank, N.A., 696 F.3d 1266 (10th Cir. 2012):

Before us, though, the Woolseys don't just shrink from, they repudiate the only possible winning argument they may have had. They choose to pursue instead and exclusively a line of attack long foreclosed by Supreme Court precedent. To be sure, the Woolseys argue vigorously and with some support that the Supreme Court has it wrong. But, as Justice Jackson reminds us, whether or not the Supreme Court is infallible, it is final. See Brown v. Allen, 344 U.S. 443, 540, 73 S. Ct. 397, 97 L. Ed. 469 (1953) (Jackson, J., concurring in the result). And it belongs to that Court, not this one, to decide whether to revisit its precedent. For now, and like the other judges to have passed on this case so far, we are obliged to apply the Court's current case law and that leads us, inexorably, to affirm.

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