Justice Souter indicated that prior precedent on prejudice in the courtroom applied generally, including to spectators.

It's not an inexorable command, but it is a general presumption that courts are going to follow prior precedents.

There needs to be a special justification for overruling a prior precedent.

"We find that the board's decision is a reasonable interpretation of the language and legislative history of the act and is consistent with prior precedent," Judge Bork said.

Justice Clarence Thomas filed a dissent, arguing that the State's attempts went beyond any requirements the Court's prior precedents had established.

Early in the day, Judge Alito said there "needs to be a special justification for overruling a prior precedent."

Mr. Chabot recalled the judge's words in his confirmation hearing that "there needs to be a special justification for overturning a prior precedent."

In addition this institute looks heavily into prior precedents so that these leaders will be able to place these issues into the proper context.

When a panel of the court disagrees with a prior precedent, it must abide by the earlier decision in deciding the case at hand.

Only then should he decide the appropriateness of applying a prior judicial precedent to the case before him.