...yet even a series of summary affirmances are not to be relied upon. As the Chief Justice pointed out: "The Court has not hesitated to discard a rule which...summary affirmances may appear to have established." Fusari v. Steinberg, 419 US 379, 391 (1975) (Burger, CJ, concurring). In short, obedient to the mandate...

...necessarily the reasoning by which it was reached," Chief Justice Burger wrote." "Indeed," he added, "upon fuller consideration of an issue under plenary...which a line of summary affirmances may appear to have established."25 A whole literature has developed as to the meaning of the summary " S. Rep. No. 95-985....

...are, of course, precedents binding on the lower courts. As Chief Justice Warren E. Burger pointed out, "The Court has not hesitated to discard a rule which...summary affirmances may appear to have established." Fusari v. Steinberg, 419 US 379, 391 (1975) (Burger, CJ concurring). What merits particular attention...