Cecily Zamora
The Supreme Court is the highest court in the United States, and its decisions set precedents that all other courts follow. Lower courts cannot supersede a Supreme Court decision, and neither can Congress nor the president. However, there are two ways to overturn a Supreme Court decision: if three-quarters of state legislatures approve, states can amend the Constitution; or the Supreme Court can overrule its earlier decisions, though this is rare. The Supreme Court can also invalidate laws by declaring them unconstitutional, as in the case of Keyishian v. Board of Regents of the University of the State of New York, where a state law was deemed too vague to be constitutional.
| Characteristics | Values |
|---|---|
| Highest court in the US | The US Supreme Court is the highest court in the country. |
| Binding decisions | No lower court, Congress, or the president can change, reject, or ignore a Supreme Court decision. |
| Overturning decisions | The Supreme Court can overturn its own decisions, but it rarely does so. |
| Amending the Constitution | States can amend the Constitution, but this requires approval by three-quarters of state legislatures. |
| Stare decisis | The doctrine of stare decisis holds that prior decisions should be maintained, even if the current court disagrees. |
| Precedent | The Supreme Court's decisions set precedents for all other courts to follow. |
| Rule of law | The Supreme Court's decisions are based on the rule of law and the interpretation of the Constitution. |
| Individual rights | The Supreme Court has upheld individual rights, such as due process, free speech, and protection from unreasonable searches and seizures. |
| State laws | The Supreme Court can rule on the constitutionality of state laws, such as in the case of Keyishian v. Board of Regents of the University of New York. |
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What You'll Learn
- Supreme Court rulings set precedents that lower courts must follow
- The US Supreme Court's decisions cannot be changed, rejected or ignored by Congress or the President
- The doctrine of stare decisis means prior decisions should be maintained
- The Supreme Court can overturn its own decisions, but it rarely does so
- The Supreme Court can invalidate state laws
Supreme Court rulings set precedents that lower courts must follow
The US Supreme Court's rulings set precedents that lower courts are generally obliged to follow under the doctrine of vertical stare decisis. This doctrine, which is deeply entrenched in the American legal system, holds that the decisions of higher courts take precedence over those of lower courts. While lower courts may occasionally declare that they have rejected or overruled a Supreme Court decision, they more commonly make claims of faithful adherence to higher-court precedent.
The Supreme Court's rulings on controversial issues have prompted debates about whether the Court should follow or overrule prior decisions. The Court's treatment of precedent raises questions about how it can maintain stability in the law while correcting decisions based on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions. The Court has shown less reluctance to overrule its decisions on constitutional questions than on statutory ones, stating that there must be a "strong ground" for doing so beyond merely disagreeing with a prior decision's reasoning.
The Supreme Court has provided some guidance on when lower courts may depart from its precedent. For example, during the tenure of Chief Justice John Marshall in the early 1800s, the Court combined a strong preference for adhering to precedent with a "limited notion of error correction" when dealing with precedents that were premised on an incomplete or erroneous factual record or were clearly wrong. The Court was also reluctant to overrule precedents that concerned commercial reliance interests, such as matters of property or contract law.
In practice, the Supreme Court exerts significant influence over how lower courts interpret and apply its precedents. By asserting clear rules, the Supreme Court can preclude or hinder narrowing from below, which occurs when lower courts act on their own views of the law. At the same time, the Supreme Court may benefit from narrowing from below as it enables the Court to be better informed about the consequences of updating the law in a particular direction.
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The US Supreme Court's decisions cannot be changed, rejected or ignored by Congress or the President
The US Constitution establishes the Supreme Court and grants it the power to review the constitutionality of laws and actions of the President and Congress. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to interpret the law and determine if it aligns with the Constitution. When the Court finds a law unconstitutional, its decision becomes the law of the land, and neither Congress nor the President can overturn it without amending the Constitution.
The Supreme Court's decisions are final and binding, and they have the authority to strike down laws passed by Congress, treatises made by the President, and even their previous decisions. While Congress can pass new laws and the President can issue new executive actions, neither can directly undo a Supreme Court ruling. The Court's independence and power of judicial review are essential checks on the other branches of government, ensuring that the Constitution is upheld and protecting against potential abuses of power.
The Court's decisions can only be changed by the Court itself through a process of overruling its previous decisions or by amending the Constitution. The process of overruling previous cases is a careful and deliberate one, with the Court often considering the impact of its decision on precedent and legal stability. Amending the Constitution is an even more challenging process, requiring a two-thirds majority in both houses of Congress or a national convention called by two-thirds of state legislatures, followed by ratification by three-fourths of the states.
While Congress and the President have tools to influence the Court's decision-making process, such as through the power of appointment and the proposal of constitutional amendments, they cannot directly reject or ignore a decision once it has been handed down. The system of checks and balances established by the Constitution ensures a separation of powers, with each branch having distinct roles and limitations. This design was intentional, providing a system of shared powers and preventing one branch from becoming too powerful.
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The doctrine of stare decisis means prior decisions should be maintained
The doctrine of stare decisis, meaning "let the decision stand" in Latin, is a legal principle that promotes the maintenance of prior decisions or precedents. It is a doctrine that guides judges to follow past rulings or precedents when deciding a case with similar facts or issues. The doctrine operates both horizontally and vertically.
Horizontal stare decisis refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals follows the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. This means that a court must adhere to its own prior decisions unless it finds compelling reasons to overrule itself.
Vertical stare decisis, on the other hand, occurs when a court applies precedent from a higher court. For instance, if the Seventh Circuit Court of Appeals adheres to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis. In this case, lower courts are bound to strictly follow the decisions of higher courts within the same jurisdiction.
The doctrine of stare decisis is essential as it lessens the need for subsequent litigation, saving time and energy for the judiciary. It prevents judges from acting arbitrarily or with bias by requiring them to follow existing precedents, ensuring fair and reasonable adjudication. Additionally, stare decisis promotes legal stability and the consistent development of legal principles, fostering reliance on judicial decisions.
However, the doctrine of stare decisis is not without its criticisms and limitations. It may result in the retention of incorrectly decided cases, giving them priority at the expense of wronged parties. Some argue that it runs counter to democratic ideals by granting unelected judges the power to make laws through their decisions. Furthermore, as society and its beliefs evolve, the doctrine's "one-size-fits-all" nature may impede the advancement of the law.
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The Supreme Court can overturn its own decisions, but it rarely does so
The Supreme Court does have the power to overturn its own decisions, but it rarely does so. When the Supreme Court hears a case and makes a decision, that decision becomes a precedent. This means that lower courts are bound to follow that decision in future cases with similar facts. The Supreme Court generally defers to these precedents, but there have been notable exceptions.
One example of the Supreme Court overturning its own decision is the case of Valenzuela v. People (2007). In this case, the Court stated that it had taken years to recognize that there could be no frustrated theft under the Revised Penal Code, but that this did not detract from the correctness of its conclusion. Another example is the case of Hammer v. Dagenhart, which was overturned decades later when the Supreme Court heard a similar case, United States v. Darby (1941). The justices questioned the rationale of the 1918 Court and noted that the distinction made in the original decision was no longer supported by the Constitution.
The Supreme Court's decisions can also be overturned by lower courts or by the Court itself upon further review. This highlights the dynamic nature of legal interpretation and the importance of staying informed about changes in the law. Additionally, Congress can pass a new law or amendment to the Constitution that renders a Supreme Court decision irrelevant or opposite to what was originally decided.
While it is rare, there have been instances where the Supreme Court has overturned its own decisions. This can occur due to changing conditions, interpretations of the law, or new information that comes to light. However, the Court generally defers to precedent to maintain consistency and stability in the law.
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The Supreme Court can invalidate state laws
In the United States, the Supreme Court can invalidate state laws. This power was demonstrated in the case of New York State Rifle & Pistol Ass’n v. Bruen, where the Supreme Court invalidated a New York law requiring individuals to demonstrate "proper cause" to obtain a license to carry a concealed handgun in public. The ruling also appears to invalidate similar laws in other states, including California, Delaware, and Maryland.
The Supreme Court's authority to invalidate state laws is not without controversy. Some argue that the Court's decisions can interfere with states' rights and duties. For example, in the case of New York State Rifle & Pistol Ass'n v. Bruen, the Court's ruling was seen as interfering with the state's ability to enforce sensible gun control regulations and protect the health and safety of its citizens.
According to Article VI of the Constitution, state legislators and executives are bound by oath or affirmation to support the U.S. Constitution. In Cooper v. Aaron (1958), the Supreme Court asserted that Article VI requires state officials to enforce the Constitution as interpreted by the Court itself. However, this interpretation has been contested. James Madison, a key figure in the development of the Constitution, argued that state governments have the right to defy the Supreme Court when it oversteps its constitutional authority.
In Madison's view, state governments retain the authority to judge whether the Constitution has been violated by the federal government, including the judiciary. This means that states have the right to resist judicial decisions by federal courts when those courts act beyond the scope of their constitutional authority. Madison's position is exemplified in the Virginia legislature's criticism of federal courts' applications of the alien and sedition acts in the early 1800s.
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Frequently asked questions
Yes, the Supreme Court can repeal a law. The U.S. Supreme Court is the highest court in the country, and its decisions set precedents that all other courts follow. Lower courts cannot supersede a Supreme Court decision, and neither can Congress nor the President change, reject, or ignore a Supreme Court decision.
Overturning a Supreme Court decision is very difficult, but it can be done in two ways. The first is if the states amend the Constitution, which requires approval by three-quarters of state legislatures. The second way is if the Supreme Court itself overrules its earlier decisions, which it has done in an estimated 232 cases since 1810.
The President cannot repeal a law, but they can instruct agencies to repeal regulations that are inconsistent with their priorities. For example, in 2025, President Trump directed federal agencies to repeal regulations without providing advance notice or going through the traditional public input process.
Yes, the Supreme Court can overturn its own decisions, although it rarely does so. This is called "stare decisis", which means that prior decisions should be maintained even if the current court would rule differently. The Supreme Court has overturned its own decisions in cases such as Citizens United v. Federal Election Commission, where it overturned its previous decision in Austin v. Michigan State Chamber of Commerce.
