- Source: List of overruled United States Supreme Court decisions
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. 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
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. § 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
List of landmark court decisions in the United States
References
Further reading
Brandon J. Murrill, The Supreme Court's Overruling of Constitutional Precedent, Congressional Research Service, September 24, 2018.
James F. Spriggs & Thomas G. Hansford, Explaining the Overruling of U.S. Supreme Court Precedent, 63 J. Pol. 1091 (2001).
External links
List maintained by the United States Government Printing Office that includes non-explicit overrules
Kata Kunci Pencarian:
- List of overruled United States Supreme Court decisions
- List of landmark court decisions in the United States
- Supreme Court of the United States
- Korematsu v. United States
- List of abrogated United States Supreme Court decisions
- Chief Justice of the United States
- Roe v. Wade
- Obergefell v. Hodges
- State supreme court
- Citizens United v. FEC
