How often does the Supreme Court overturn its own decisions?

Critical Analysis

Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:

1. According to the visual above, between 2005-2024 what percent of U.S. Supreme Court cases overturned earlier rulings (precedents)?

2. What court term (years) had the highest percent of U.S. Supreme Court cases that overturned earlier rulings (precedents)?

3. Since the Supreme Court’s founding in 1789 through its most recent full term in 2024, fewer than 1% of all rulings (236 of 29,202) have overturned an earlier high court decision, according to a Pew Research Center analysis of data from the Library of Congress and the Supreme Court Database at Pennsylvania State University. Why do you think the court is so hesitant to overturn precedent?

4. Stare decisis is a legal doctrine obligating courts to follow historical precedents when ruling on similar cases, ensuring consistency, stability, and predictability in the law. Latin for "to stand by things decided," it requires lower courts to follow higher court rulings (vertical) and courts to follow their own prior decisions (horizontal) How do the statistics in the article regarding the frequency of overturning precedents (fewer than 1% of all rulings) support the idea that the Supreme Court generally adheres to this principle?

5. The average overturned decision stood for around 29 years. What does this suggest about the general stability of constitutional law, and how does the current consideration of overturning a 90-year-old precedent highlight the gravity of the Court’s deliberations?

6. In June 2022 the Supreme Court overturned Roe v. Wade, a ruling that had guaranteed the right to an abortion nationwide for nearly five decades. The U.S. Supreme Court is weighing whether to overrule two of its own long-standing legal precedents – one about presidential power over federal agencies, which has been in place for over 90 years, and another about campaign financing by political parties. Based solely on the visual above, is the court likely to overturn these two upcoming cases?
   

7. The decision to overturn Roe v. Wade in 2022 ended a nearly five-decade precedent guaranteeing abortion rights nationwide. Describe the impact of this ruling on the balance of power between the federal government and state governments (federalism) regarding civil rights.

8. Members of the Supreme Court are very concerned about public approval, arguing that the court’s legitimacy (public perception and approval) is what gives force to its rulings. After all, the Court cannot enforce it’s own rulings, only the executive branch can enforce a law or ruling. How do you think the idea of stare decisis is related to the court’s legitimacy?

9. Perhaps the Supreme Court’s most famous case that overturned precedence was Brown v. Board (1954) overturning Plessy v. Ferguson (1896). What was the central constitutional issue in those cases?
   

10. According to the visual below* what type of Supreme Court precedent is most likely to be overturned by the Supreme Court?

Write and Discuss

Take ten minutes to write about the question at the top of the page and then discuss with your classmates.

Act on your Learning

Contact the Supreme Court and tell them what you think of stare decisis.

General Contact Information:

U.S. Mail:
Supreme Court of the United States
 1 First Street, NE
 Washington, DC 20543

Telephone: 202-479-3000
TTY: 202-479-3472
 (Available M-F 9 a.m. to 5 p.m. eastern) They don’t do email!!!!! The Court definitely doesn’t have a TikTok.

AP Exam Prep

$20.00

One time

Get AP Exam Ready with anytime access to our fabulous gamified online exam-prep resources, self-guided workshops, interactive reviews, games, and exclusive content. This comprehensive suite of materials is specifically designed to help students master the content and skills required for success on the AP United States Government and Politics Exam, such as reading comprehension and concept application.

Sign Up

---

✓ Free Download of High Five Exam Prep ($15 value)

✓ Fabulous Interactive Review Games

✓ Self-Guided Unit Reviews

✓ Self-Scoring Practice AP Exams

✓ Priority Access to Online Review Sessions

Get Creative

Use the following rules of Haiku to write a haiku poem about the Supreme Court:

• Structure: Traditionally three lines, following a 5-7-5 syllable pattern.

• Length: 17 syllables total (5 + 7 + 5).

• Focus: A, "snapshot" of a specific moment, event, or image, often focusing on nature or seasons.

• Rhyme: Usually unrhymed.

Learn More