Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
It did so in today's Voting Rights Act ruling in Allen v. Milligan. This holding has implications for other cases where litigants attempt to overturn statutory precedents, especially longstanding ones.
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
Is the federal government giving up on statutory stare decisis?
Justices Thomas and Gorsuch have a much greater appetite for reconsidering prior precedent than the other justices do.
Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
The former Associate Justice joins those condemning the leak of a draft opinion.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights—Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Why Didn't Justice Kagan Join Justice Sotomayor's Opinion Respecting Certiorari in National Coalition for Men v. Selective Service System?
Many were surprised that the K-named Justice joining Justice Sotomayor was Justice Kavanaugh instead of Kagan.
An interesting question of institutional norms
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.