Recent Supreme Court decisions have, at the very least, engendered interest among the non-lawyer population of this country. The concept of “stare decisis” — of the legal principle of determining points in litigation according to establish precedent — has been turned upside down and cast aside. Is this a good thing?
Furthermore, there are now grumbles that recently-appointed justices “lied” to senators during their confirmation hearings, but no lawyer believes that such a charge can rise to the level of perjury. Why? Because if you ask a lawyer the question, “Do you agree that case-X is established law?” — the answer will always have 2 parts; first, the stated part: “Yes, it is established law and therefore should not be overturned.”
Then, the second, “unstated” and “silent” part — “Unless, of course, I find that when I am on the bench and a new case comes before me, that I find case-X to be unconstitutional, in which case I have no choice but to reverse and overturn the precedent.”
And so the law is as elastic as the best gymnasts qualifying for the Olympics. Why the great hubbub? Because society relies upon precedents, because precedents — whether you agree with them or not — provide a foundation of stability and reliability.
It would be as if a Federal Circuit Court Judge were to find all precedents on FERS Disability Retirement to be wrongly decided, and reversing every one of them. Now, that would be a disaster.
Fortunately, that is unlikely to happen, and so, for Federal and Postal employees who have found it necessary to begin the process of initiating the Federal Disability Retirement application process, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, where the Law and Modernity still rely upon the stability of stare decisis.
Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.