The following excerpt is from Danielson v. Inslee, 945 F.3d 1096 (9th Cir. 2019):
The ability of the public to rely on the courts pronouncements of law is integral to the functioning of our judicial system. After all, "[i]t is emphatically the province and duty of the judicial department to say what the law is." Marbury v. Madison , 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803). If private parties could no longer rely on the pronouncements of even the nations highest court to steer clear of liability, it could have a destabilizing impact on the judicial system.
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