List_of_overruled_United_States_Supreme_Court_decisions

List of overruled United States Supreme Court decisions

List of overruled United States Supreme Court decisions

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This is a list of decisions of the Supreme Court of the United States that have been explicitly overruled, in part or in whole, by a subsequent decision of the Court. It does not include decisions that have been abrogated by subsequent constitutional amendment or by subsequent amending statutes.

As of 2018, the Supreme Court had overruled more than 300 of its own cases.[1] The longest period between the original decision and the overruling decision is 136 years, for the common law Admiralty cases Minturn v. Maynard, 58 U.S. (17 How.) 476 decision in 1855, overruled by the Exxon Corp. v. Central Gulf Lines Inc., 500 U.S. 603 decision in 1991. The shortest period is 11 months, for the constitutional law Fourth Amendment (re: search and seizure) cases Robbins v. California, 453 U.S. 420 decision in July 1981, overruled by the United States v. Ross, 456 U.S. 798 decision in June 1982. There have been 16 decisions which have simultaneously overruled more than one earlier decision; of these, three have simultaneously overruled four decisions each: the statutory law regarding habeas corpus decision Hensley v. Municipal Court, 411 U.S. 345 (1973), the constitutional law Eleventh Amendment (re: sovereign immunity) decision Edelman v. Jordan, 415 U.S. 651 (1974) and the constitutional law Fifth Amendment (re: double jeopardy) decision Burks v. United States, 437 U.S. 1 (1978).

Constitutional

Article One

Commerce Clause
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Ex post facto
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Federal tax
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State import/export tax
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Article One courts
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Article Three

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Compensation Clause
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Article Four

Extradition Clause
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Equal footing doctrine
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Full Faith and Credit
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Article Six

Supremacy Clause
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First Amendment

Establishment Clause
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Free speech clause
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Fourth Amendment

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Fifth Amendment

Grand jury
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Double jeopardy
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Self-incrimination
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Due process
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Takings Clause
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Sixth Amendment

Jury right
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Confrontation Clause
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Right to counsel
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Eighth Amendment

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Eleventh Amendment

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Fourteenth Amendment

Procedural due process
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Substantive due process
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Equal protection
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Citizenship
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Statutory

42 U.S.C. § 1983

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Antitrust

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Arbitration

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Federal crime

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Habeas

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Labor

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Common law

Absolute and qualified immunity

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Admiralty

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Contract

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Res judicata

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See also


References

  1. Struyk, Ryan (September 6, 2018). "The Supreme Court has overturned more than 300 rulings. Is Roe next?". CNN. Retrieved 2020-01-17.

Further reading


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