You are correctly stating that stare decisis is really just (very) persuasive precedent for the court reconsidering its own decisions, and that it is not binding on other jurisdictions that are not lesser.
But these words belie the fact that stare decisis is largely a social construct for the judiciary. The right case and (very) persuasive argument could and does overcome precedent of any level in any court. It's just a matter of framing this case as "different" enough in a way that your reviewers (whether a higher court or a political concern) will agree with.
But these words belie the fact that stare decisis is largely a social construct for the judiciary. The right case and (very) persuasive argument could and does overcome precedent of any level in any court. It's just a matter of framing this case as "different" enough in a way that your reviewers (whether a higher court or a political concern) will agree with.