So - lots of talk and high emotion over the Supreme Court reversing a prior decision.
Are SCOTUS reversals rare?
Sure doesn't look like it.
Here's the list (;>)
Wish that it were a numbered list. I counted the most
current 100 mulligans, and that only took us back to 1973... so in 50
years, that would average 2 overturns per year.
In addition, this list is a table of Supreme Court decisions that overturned existing law including Brown vs Board of Education, 1953.
................
Plessy
v Ferguson was a Supreme Court ruling that allowed "separate but equal"
facilities. For example, schools and railway cars could be segregated
as long as the accomodations were equal. That was overturned by Brown v
Board of Education. Plessy was "settled law" longer than Roe v Wade.
There
are other overturned rulings where "settled law" had prevailed even
longer. I took a quick look at those most recent 100 do-overs. I saw
at least 5 cases where "settled law" had been in effect for 100 years or
longer! Exxon in 1991, Collins in 1990, South Carolina in 1988,
Shaffer in 1977 and USA in 1975... those 5 cases each overturned rulings
that had been settled law since the 1800's!!! Two were actually
antebellum.
I'm not
familiar with anything except the USA 1975 case - that involved dividing
recovery from shipwrecks - maritime law. I'll have to skim those other
cases.
The point being that the Supremes reserve the right to change their minds (;>)
................
As
an aside, it tickles me to see the ND cases. In the first one I saw,
ND's "local pharmacist owner" requirement was struck down. That was
Liggett 1928 overturned by ND v Snyder Drug in 1973. (I remember that
one)
And, in the second one I saw, a state is
allowed to collect sales tax even if a retailer has no physical
presence. Quill in 1992 was struck down by SD v Wayfair in 2018
..........
I'd like to read a Cliff's Notes version of all the reversals. Let me know if you run across such a summary (;>)
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