Summary

Portrait of William O. Douglas William O. Douglas Casey v. United States (343 U.S. 808…

Whatever action we take is a precedent.
I cannot state too strongly my belief that if the courts are to retain their independence, they must decide cases taken on the merits. A confession of error by a litigant is, of course, an important factor to take into account in studying a record. [4] It may disclose an intervening decision on a question of law that undermines the lower court's conclusion; it may disclose perjury by an important witness or newly discovered evidence; it may disclose other factors which weaken the conclusion of the lower court.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Casey v. United States (343 U.S. 808…

In the unanimous opinion of the Court, two Justices not participating, the function of this Court upon the Government's confession of error was described with particularity:
'The public trust reposed in the law enforcement officers of the Government requires that they be quick to confess error when, in their opinion, a miscarriage of justice may result from their remaining silent.
Source: Wikisource

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