Can a panel of the US Supreme Court overrule a decision of the previous panel?
MultiRegion, United States of America
The following excerpt is from Osborne, In re, 76 F.3d 306 (9th Cir. 1996):
Two basic precepts will inform our decision. First, a panel of this court may not overrule a decision of a previous panel; only a court in banc has such authority. United States v. Lucas, 963 F.2d 243, 247 (9th Cir.1992). Second, the doctrine of stare decisis concerns the holdings of previous cases, not the rationales:
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