Keeping Faith: An Essay on the Right to Travel, the Poor and the Ethical Demands of Constitutional Stare Decisis

Abstract

This article, written before Saenz v. Roe was decided, argues that state residency rules of the kind challenged in Saenz should not be overruled for ethical reasons. The rule of stare decisis is based on the value of integrity, though that is different for institutions than for individuals. People and institutions must be able to trust the courts, and the courts must in return both demand accountability from other branches and engage in trustworthy decisional behavior.

Keywords: Faith, ethics, poor, poverty, welfare, travel, stare decisis, residential restrictions, Shapiro v. Thompson