Case Law: Overturning The Unchangeable?

Case law can be overturned, and this happens when a judiciary rejects the result of a prior court proceeding. This can occur when a higher court overturns the decisions of a lower court, or when a Supreme Court overturns a precedent established in a previous court decision. In the United States, the U.S. Supreme Court is the highest authority in terms of precedent and decision-making within its jurisdiction. While it is rare for the U.S. Supreme Court to overturn its own decisions, it has happened on several landmark occasions, such as in the cases of Roe v. Wade, Brown v. Board of Education of Topeka, and Citizens United v. Federal Election Commission.

Can Case Law Be Overturned?

Supreme Court decisions can be overturned by lower courts

In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. State supreme courts also set precedents and resolve conflicting interpretations of state laws. While a final judgment of the Supreme Court is generally considered unalterable by lower courts, there are some exceptions and remedies available. The Supreme Court's final decisions are considered binding and cannot be modified by lower courts. This principle ensures certainty and consistency in judicial pronouncements, even if occasional injustices may occur.

However, it is important to note that the Supreme Court's decisions can be overturned by the Court itself upon further review. While it is extremely rare for the U.S. Supreme Court to overturn one of its own decisions, it has happened on a few notable occasions. For example, in the 1954 case of Brown v. Board of Education of Topeka, the Supreme Court overturned the 1896 case of Plessy v. Ferguson, rejecting the segregationist doctrine of "separate but equal". In another instance, the Supreme Court overturned portions of its previous decisions in 2010, ruling that campaign donations and political advertising were forms of free speech.

The Library of Congress tracks the historic list of overruled Supreme Court cases in its report, The Constitution Annotated. As of 2020, the court had overruled its own precedents in an estimated 232 cases since 1810. This includes cases such as Atkins v. Virginia (2002), where the Supreme Court held that executions of intellectually challenged criminals were "cruel and unusual punishments" barred by the Eighth Amendment, overturning Penry v. Lynaugh (1989).

It is worth mentioning that the legal concept of precedent plays a crucial role in common law systems, emphasizing that "like cases should be decided alike". Judges tend to defer to precedent to promote uniformity, predictability, and consistency in the legal system. However, the Supreme Court may overturn its own precedents when the original solution is deemed unworkable or when significant social changes have occurred since the precedent was established.

The Supreme Court can overturn its own decisions

In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. Supreme courts can overturn the precedents established in previous court decisions. While it is extremely rare, the U.S. Supreme Court can and does overturn its own decisions. Of the more than 25,500 decisions made by the Supreme Court since 1789, it has reversed course 146 times, which is less than one-half of one percent.

Judges tend to defer to precedent because it encourages uniformity, predictability, and consistency in the legal system. Historically, the Supreme Court has only overturned its own decisions when the original solution proved "unworkable" or when the conditions on the ground had changed dramatically. For example, in 1954, the Court ruled in Brown v. Board of Education of Topeka, which challenged the legality of American public school segregation. This case overturned the 1896 decision in Plessy v. Ferguson, which had ruled that segregation was constitutional. In the Brown decision, the Court was armed with decades of social sciences research proving the damaging effects of segregation on Black schools and students.

In another example, the Supreme Court overturned portions of its previous decisions in 2010 when it ruled that campaign donations and political advertising were forms of free speech. In 1990, the Court had ruled against the Michigan Chamber of Commerce, a nonprofit corporation, using its general funds to support a candidate for state office. However, in 2003, the Court heard McConnell v. FEC (Federal Elections Commission), which challenged the validity of the McCain-Feingold bill, and ruled that corporations could endorse candidates.

The Supreme Court has also weighed in several times on the contentious topic of abortion rights, most recently in 2022 with a landmark verdict that overturned decades of "settled law" on abortion rights. In the 1973 case Roe v. Wade, the justices ruled that a woman's right to abortion falls within the "right to privacy" contained in the Due Process Clause of the 14th Amendment. However, in 2022, the Court overturned this decision, ruling that women do not have a constitutional right to abortion.

The Supreme Court can overturn precedents established in previous decisions

The U.S. Supreme Court is the highest authority with regard to stare decisis or precedent and decision-making within its jurisdiction. While it is extremely rare for the U.S. Supreme Court to overturn one of its own decisions, it has happened on a few notable occasions.

The Supreme Court may overturn precedents established in previous decisions when the original solution is deemed "unworkable" or when the conditions on the ground have changed dramatically. For example, in 1954, the Supreme Court overturned the 1896 case of Plessy v. Ferguson, which had ruled that "separate but equal" public accommodations did not violate the Constitution. However, the history of segregation in America proved that "separate" did not result in "equal", and the Supreme Court recognized that racially segregated schools violated the Constitution.

The Supreme Court has also weighed in several times on the contentious topic of abortion rights, most recently in 2022 with a landmark verdict that overturned decades of "settled law" on abortion rights. In the 1973 case Roe v. Wade, the justices ruled that a woman's right to abortion falls within the "right to privacy" contained in the Due Process Clause of the 14th Amendment. However, in 2022, the Supreme Court overturned this precedent in Dobbs v. Jackson Women's Health Organization, rejecting the legal precedent set by previous cases.

In addition, the Supreme Court has flip-flopped on the issue of whether corporations should be allowed to endorse political candidates. In 1990, the Court ruled against the Michigan Chamber of Commerce, upholding a Michigan law that prohibited corporations from using their money to support or oppose political candidates. However, in 2003, the Court heard McConnell v. FEC, which challenged the validity of the McCain-Feingold bill, and ruled that campaign donations and political advertising were forms of free speech.

The Supreme Court can overturn state supreme court decisions

In the United States, the Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. State supreme courts also set precedents and resolve conflicting interpretations of state laws. When a court rules against a party to a lawsuit, that party may choose to appeal the decision. The appeals process typically involves filing a notice of appeal with a lower court, indicating the party's intention to take the matter to the next highest court with jurisdiction over the matter.

It is, however, extremely rare for the U.S. Supreme Court to overturn one of its own decisions. Of the more than 25,500 decisions handed down by the Supreme Court since 1789, it has only reversed course 146 times, which is less than one-half of one percent. This is because the legal concept of precedent plays a central role in common law systems, encouraging uniformity, predictability, and consistency in the legal system.

Congress also has the ability to check the Supreme Court and can overturn Supreme Court rulings by enacting a new or revised statute correcting the Court's interpretation of a federal statute. This has been done in the past, for example, when the Supreme Court concluded that the Equal Protection Clause only prohibited discrimination by government entities, and Congress extended non-discrimination to the private sector through its power to regulate commerce.

The Supreme Court can overturn laws deemed unconstitutional

In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. Supreme courts can overturn precedents established in previous court decisions. Justices making such decisions often argue that a previous doctrine was unworkable in the context of a new case, that significant social changes have occurred since a precedent was set, or that the most recent precedent violated an older one.

The Supreme Court has the power to overturn laws deemed unconstitutional. For instance, in 1973, the justices ruled in Roe v. Wade that a woman's right to abortion falls within the "right to privacy" contained in the Due Process Clause of the 14th Amendment. However, in 2022, the Supreme Court overturned this decision, ruling that the Constitution does not include the right to abortion.

In another instance, the Supreme Court overturned portions of its previous decisions in 2010, ruling that campaign donations and political advertising were forms of free speech. In 1990, the Court heard Austin v. Michigan Chamber of Commerce, ruling against the Chamber of Commerce by upholding a Michigan law that prohibited corporations from using their money to support or oppose political candidates. However, in 2003, the Court heard McConnell v. FEC (Federal Elections Commission), which challenged the validity of the so-called McCain-Feingold bill.

It is extremely rare for the U.S. Supreme Court to overturn one of its own decisions. Of the more than 25,500 decisions handed down by the Supreme Court since its creation in 1789, it has only reversed course 146 times, less than one-half of one percent.

When Congress disagrees with the Supreme Court's interpretation of the Constitution, the only direct way to override that interpretation is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which must then be ratified by three-quarters of the states. This is a difficult task that hasn't been achieved in over 30 years.

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