In which the Justices quote Spiderman:
Bazinga! (to quote Sheldon Cooper)Kagan, J., for the Court (in Kimble, et al., v. Marvel Entertainment, LLC, decided June 21, 2015).
What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: “Spider-Man,” p. 13 (1962) (“[I]n this world, with great power there must also come—great responsibility”). Finding many reasons for staying the stare decisis course and no “special justification” for departing from it, we decline Kimble’s invitation to overrule Brulotte.
Tip of the beret to Jack of Kent.
Update: see also discussion of Justice Kagan's Spiderman jokes here, by Matthew Yglesias (Vox).
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