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No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government. However, if the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the Constitution, then pass it again.

Supreme Court decisions can only be overturned in two ways:

Legitimate Methods

  1. The US Supreme Court reverses a decision on an earlier case by making a contradictory decision on a current case.
  2. Congress and the States can overturn a decision by amending the Constitution.

Illegitimate Methods (Passive Resistance)

  1. Sometimes the Executive Branch obstructs or fails to enforce a decision.
  2. Sometimes Congress rewrites legislation to bring it into compliance with constitutional guidelines.
  3. Sometimes Congress strips the Supreme Court of its appellate jurisdiction over certain types of cases to deprive them of the ability to overturn a law or policy.
  4. Sometimes states pass laws that clearly violate Supreme Court decisions, forcing someone with standing to challenge the new law's constitutionality. Meanwhile, the law can be enforced even if violates established civil rights. State legislatures do this with the hope of overturning, or slipping around, precedents set by earlier Courts.

Contributor's Example

Don burns the US Flag on the steps of a state capitol. The state arrests him because the state amended its own constitution to make this illegal. However, the US Supreme Court ruled that flag burning is protected speech, thereby making flag burning lawful under US law.

If the case is appealed to the US Supreme Court, it would rule that the state constitutional amendment violates the US Constitution (which is superior) and strike down the state amendment.

The state then writes a law that Don has to buy a permit to burn the flag in any form of protest. The US Supreme Court might uphold that law (if challenged) as long as it fulfills a legitimate government purpose, but does not: 1) discriminate in who the permits are issued to, or 2) make the cost or time involved in issuance of the permit unbearable. Sometimes such laws are deemed unconstitutional, and sometimes not.

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โˆ™ 2014-05-05 17:18:28
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box 1 is empty .... which statement best completes the diagram related to the supreme court's procedures

a lawyer who is interested in understanding why most justices ruled in a particular way in a supreme court case should consult the case's

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Q: How can US Supreme Court decisions be overturned?
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Who can overturn US Supreme Court decisions?

Decisions of the Supreme Court can only be overturned by constitutional amendment, or by subsequent decisions of the Supreme Court, which is capable of reversing itself.


Decisions of the supreme court can only be overturned by the court or by?

The Supreme Court cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments. Because the Supreme Court simply bases its decisions on the Constitution, the decisions are not overturned. The decisions simply uphold the Constitution but do not have outside enforcement.Added: Short answer: (in the US) The Supreme Court is the highest court in the nation. Its rulings cannot be overturned unless done by a subsequent ruling of the same court.


When has a state Supreme Court overturned the US Supreme Court?

State supreme courts cannot lawfully overturn US Supreme Court decisions, per the Supremacy Clause of Article VI of the Constitution. The only ways a decision may be overturned is by the Supreme Court itself or by constitutional amendment.


Can a lawsuit be filed against a Supreme Court decision?

No. US Supreme Court decisions are final and can only be overturned by the Court itself (unlikely) or by constitutional amendment (highly unlikely). Further, the Court and justices have immunity from being sued for their decisions.


What are the only two ways a US Supreme Court decision can be overturned?

Supreme Court decisions can only be overturned in two ways:The US Supreme Court can overturn a decision on an earlier case by making a contradictory decision on a current case (or by reversing a current decision).Congress and the States can overturn a decision by amending the US Constitution.

Related questions

Who can overturn US Supreme Court decisions?

Decisions of the Supreme Court can only be overturned by constitutional amendment, or by subsequent decisions of the Supreme Court, which is capable of reversing itself.


Decisions of the supreme court can only be overturned by the court or by?

The Supreme Court cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments. Because the Supreme Court simply bases its decisions on the Constitution, the decisions are not overturned. The decisions simply uphold the Constitution but do not have outside enforcement.Added: Short answer: (in the US) The Supreme Court is the highest court in the nation. Its rulings cannot be overturned unless done by a subsequent ruling of the same court.


When has a state Supreme Court overturned the US Supreme Court?

State supreme courts cannot lawfully overturn US Supreme Court decisions, per the Supremacy Clause of Article VI of the Constitution. The only ways a decision may be overturned is by the Supreme Court itself or by constitutional amendment.


Can a lawsuit be filed against a Supreme Court decision?

No. US Supreme Court decisions are final and can only be overturned by the Court itself (unlikely) or by constitutional amendment (highly unlikely). Further, the Court and justices have immunity from being sued for their decisions.


What are the only two ways a US Supreme Court decision can be overturned?

Supreme Court decisions can only be overturned in two ways:The US Supreme Court can overturn a decision on an earlier case by making a contradictory decision on a current case (or by reversing a current decision).Congress and the States can overturn a decision by amending the US Constitution.


What are the two ways that a United State Supreme Court decision can be overturned?

The two ways in which a decision of the US Supreme Court can be overturned are: the court can reverse itself, or the US constitution can be amended.


Would the US Supreme Court reverse a decision because of unconstitutionality?

Absolutely, yes. The US Supreme Court has overturned many lower court decisions on the basis of unconstitutionality of the law, as written or applied, or something that occurred in the legal process.


When the US Supreme Court rules on a constitutional issue is the judgment final?

Not entirely. There have been many cases of judicial review that has been overturned. One noted example is the idea of "separate but equal", the legal argument for segregation of whites and minorities. However, it took almost a century for this to be overturned so in a single lifetime the judgment could be final.Added: The initial answer has the element of truth to it, but it is not made clear that Supreme Court decisions can only be reversed by subsequent Supreme Court decisions. Decisions of the US Supreme Court are final and binding, and cannot be overturned by any other body of Government.


What is the name of a US Supreme Court decision?

US Supreme Court decisions are called opinions.


What is the term for the decrees of the US Supreme Court?

US Supreme Court decisions are called "Opinions."


What set of laws guide the US Supreme Court's decisions?

The Supreme Court's decisions are based on the Articles and Amendments of the US Constitution.The Constitution.


What is the US Supreme Court's verdict called?

The US Supreme Court's decisions (or verdicts) are called opinions.

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