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The US Supreme Court generally tries to adhere to the doctrine of stare decisis (Latin: let the decision stand), which attempts to impose some consistency and uniformity over decisions. Stare decisis requires precedents (earlier decisions) that are similar enough to assist in determining the outcome of the instant case under review.

There are no hard rules for reversing a previous Supreme Court decision or a lower court decision. Beyond precedents, justices also rely on their own interpretations, their personal ideologies, changing social conditions, intervening laws and (on occasion) amendments, compelling arguments, and various other factors when making a decision.

So, no, there is no test. Any case the Supreme Court grants certiorari is worthy of being considered independently, on the basis of its own uniqueness.

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16y ago

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