Overruled United States Supreme Court Decisions
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This is a list of decisions of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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. The longest period between the original decision and the overruling decision is 136 years, for the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
Admiralty Admiralty most often refers to: *Admiralty, Hong Kong *Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964 *The rank of admiral *Admiralty law Admiralty can also refer to: Buildings * Admiralty, Traf ...
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 Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
Fourth Amendment (re:
search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscat ...
) 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 Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legi ...
regarding ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' decision ''Hensley v. Municipal Court'', 411 U.S. 345 (1973), the constitutional law Eleventh Amendment (re:
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
) decision '' Edelman v. Jordan'', 415 U.S. 651 (1974) and the constitutional law Fifth Amendment (re:
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
) decision ''
Burks v. United States ''Burks v. United States'', 437 U.S. 1 (1978), is a United States Supreme Court decision that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of a ...
'', 437 U.S. 1 (1978).


Constitutional


Article One

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


Article Three

;Compensation Clause


Article Four

;Extradition Clause ;Equal footing doctrine ;Full Faith and Credit


Article Six

;Supremacy Clause


First Amendment

;Establishment Clause ;Free speech clause


Fourth Amendment


Fifth Amendment

;Grand jury ;Double jeopardy ;Self-incrimination ;Due process ;Takings Clause


Sixth Amendment

;Jury right ;Confrontation Clause ;Right to counsel


Eighth Amendment


Eleventh Amendment


Fourteenth Amendment

;Procedural due process ;Substantive due process ;Equal protection ;Citizenship


Statutory


42 U.S.C. ยง 1983


Antitrust


Arbitration


Federal crime


Habeas


Labor


Common law


Absolute and qualified immunity


Admiralty


Contract


''Res judicata''


See also

* List of abrogated U.S. Supreme Court decisions


References


Further reading

*Brandon J. Murrill,
The Supreme Court's Overruling of Constitutional Precedent
',
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
, September 24, 2018. *James F. Spriggs & Thomas G. Hansford, ''Explaining the Overruling of U.S. Supreme Court Precedent'', 63 {{smallcaps, J. Pol. 1091 (2001).


External links


List
maintained by the
United States Government Printing Office The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes information ...
that includes non-explicit overrules Overruled *