Saturday, May 24, 2008

History of Overruled Supreme Court Decisions

The Congressional Research Service published, in 1996, with 2002 and 2006 updates, a history of overruled U.S. Supreme Court decisions. I’ve incorporated the 2002 and 2006 updates into the original CRS table and linked the cases to their full texts on Justia, at http://mywebguide.us/Law/overruled.htm. As the researchers say: "While the Supreme Court sometimes expressly overrules a prior decision, in other instances the overruling must be deduced from the principles of related cases." The CRS list was compiled from several sources, including:

Justice Brandeis dissenting in Burnet v. Coronado Oil and Gas Co., 285 U.S. 393, 406– 409 nn.1–4 (1932).

Emmet E. Wilson, "Stare Decisis, Quo Vadis?’’ 33 Geo. L.J. 251, 254 n.17, 265 (1945).

William O. Douglas, ‘‘Stare Decisis," 49 Colum. L. Rev. 735–43, 756–58 (1949).

Albert R. Blaustein and Andrew H. Field, ‘‘Overruling Opinions in the Supreme Court,’’ 57 Mich. L. Rev. 151, 184–94 (1958).

The essays and the opinions provide an education into the legal/cultural changes embodied by the Supreme Court's decisions since the founding of the nation.

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