How many state and local laws has the supreme court overturned since 1946?

Answer 1

There is no specific frequency pattern to indicate how often the US Supreme Court overturns legislation. Some Courts, such as the one seated during President Franklin Roosevelt's first two terms of office, overturned quite a bit of legislation; other Courts have been more restrained.

According to the GPO (Government Printing Office Database) the US Supreme Court overturned 158 Acts of Congress between 1789-2002, the most recent year for which information is available.

Answer 2

The US Supreme Court reverses the majority of cases it hears because they are seeking to correct what they view as erroneous legal interpretations by lower courts, or to settle conflicting opinions between Circuit courts.

According to a database search, the Supreme Court has heard approximately 234,436 cases and petitions for various writs since 1790. The collective reversal rate on lower court decisions typically ranges from 75-77%. Since the database total count doesn't distinguish between cases heard under original jurisdiction and those under appellate jurisdiction, nor which items involve writs, rather than cases, it's impossible to give an accurate count of the number of reversals. Further, the information doesn't seem to be compiled anywhere on the internet.

It is interesting to note that some courts have a higher reversal rate than others. In 2009, the U.S. Court of Appeals for the 9th Circuit had a reversal rate of 94%, while the 6th and 8th Circuits had a 100% reversal rate. One theory is that certain Circuits (specifically the 9th) are more likely to test unusual cases for which there is little precedent.

Answer 3

The US Supreme Court has overturned many of its own past decisions (the list would be too long for this format); however, there were a few instances when a decision was nullified by constitutional amendment. These are the only two ways a Supreme Court decision may be overturned.

Only one constitutional amendment was ratified in direct response to a Supreme Court decision: The Eleventh Amendment.

The Eleventh Amendment revoked the Supreme Court's original jurisdiction over conflicts between a state and citizens of another state. This change was made in response to the decision in Chisholm v. Georgia, 2 U.S. 419 (1793), in which the Court declared the states lacked sovereign immunity against being sued in equity cases (mostly over land disputes), and made a large award to Chisholm against the state of Georgia.

The States rightly assumed this precedent could quickly send them into bankruptcy, and petitioned Congress to amend the Constitution for their protection. The Eleventh Amendment now provides for diversity jurisdiction in the District Court, meaning the lower courts in the state being sued have original jurisdiction over these disputes.

Eleventh Amendment

"The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."

Answer 4

10

Answer 5

10

Answer 6

778