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If your question is why the US Supreme Court would reverse one of its own decisions, there can be a number of reasons for doing so.

Recent Decision

If the decision is recent, and the losing party has 25 days to file a petition with the US Supreme Court for a rehearing of the case. Most petitions for rehearing are denied, but if the Court grants the petition, the case will be docketed for reargument.

The most common reason for granting a rehearing appears to be instances where the lower court decision was affirmed by an equally divided court (tie vote) due to the absence of one of the nine Supreme Court justices. If the Court believes the issue raised is of sufficient importance, they may grant a rehearing, vacate their first default decision, and reconsider the case with all justices present. Under most circumstances, the Court has reaffirmed the decision, allowing the case to set precedent.

Sometimes decisions are reversed due to new evidence being presented, changes to Federal Laws, or a convincing argument made against the first decision.

A search of the Justia Supreme Court database indicates the last time the Supreme Court agreed to reconsider a case under its appellate jurisdiction was 1969; the most recent case reconsidered under original jurisdiction was in 2000.

Decision of an Earlier Court

The US Supreme Court has overturned many of its own precedents over the years, usually involving decisions made by an earlier Court. Reasons are varied but commonly include differences in constitutional interpretation, changes in federal laws, or changes in social conditions since the earlier decision was made.

One classic example is the Supreme Court's decision in Brown v. Board of Education, (1954) holding racial segregation in public schools is unconstitutional under the Fourteenth Amendment Equal Protection Clause, which overturned the 60-year old decision in Plessy v. Ferguson, (1896), holding segregation was constitutional, as long as equal accommodations or facilities were provided.

In Brown, the Warren Court corrected a politically motivated decision made other Supreme Court justices in the 19th century.

For more information, see Related Questions, below.

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14y ago

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Related Questions

Why doesn't the US President have the authority to reverse a Supreme Court decision?

The President (Executive Branch) doesn't have the authority to reverse a Supreme Court (Judicial Branch) decision because such action would violate the separation of powers established by the Constitution. If the President had that kind of "veto authority" over a Supreme Court decision he (or she) would effectively control two branches of the government and would be vested with too much power.


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.


What are the possibilities of reviving a case if the American Supreme Court and decision is not satisfactory?

The Supreme Court's decision is final, it cannot be "revived" and reheard. However a constitutional amendment that changes the relevant parts of the Constitution would supersede the Supreme Court's decision.


Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?

Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.


What reporter or reporters would you look in to find a published Illinois Supreme Court decisions?

what reporter would you find apublished illinois supreme court decision


Why was the supreme court desicision such a disappointment to opponents of slavery?

Frederick Douglass however believed that the supreme court decision would actually hasten the end of slavery.


Why would the supreme court agree to review a lower court's decision?

Certain cases are important enough to require the authoritative decision of the nation's highest court rather than being decided by a lower court. If issues of constitutional interpretation are involved, that is the specialty of the Supreme Court.


If supreme court overrules roe vs wade must the decision be ratified by the states?

The Supreme Court (or any other court) is very unlikely to reverse prior case law decisions. However to directly answer your question, decisions by court of any kind are "final" and require no ratification by anyone. Court decisions may be challenged by new legislation or Constitutional Amendments that try to modify the laws that the court's decisions originally addressed. The court might then have to decide on the new laws and/or amendments, but this would be a new court decision.


If the Supreme Court makes a decision that contradicts the Constitution of the United States who can overrule the Court?

The Supreme Court determines what contradicts the Constitution. So it supposedly isn't possible for them to rule against it. If people don't like the decision of the Supreme Court, they can pass laws and/or amend the Constitution to change it. Congress would be who would overrule it, particularly members who were there when they passed whatever law. The Court is not allowed to put words in the mouth of Congress.


What incentive would Congress and the Executive branch have for ignoring a US Supreme Court decision?

ignoring the bill


What Supreme Court decision did president Jackson ignore?

Jackson ignored Worcester v. Georgia. This was significant because Andrew Jackson ignored the Supreme Court's decision which said that Georgia couldn't make laws that broke the terms on the authority of which the Cherokee's have the right to govern themselves on. Many people ask can he ignore the Supreme Court? Or, Why didn't the Supreme Court do anything about it? And do you know what I would say. idk. :)


What sources would you look in to find a US Supreme Court decision one to two weeks after the case was decided by the court?

The Court Clerk would have them, newspapers, or you can look on the website below.

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