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Circuit courts may not overrule Supreme Court precedent. Accordingly, this decision purports to rest on the “Necessary and Proper” clause, avoiding Wickard (dec
by semiquaver 7mo ago
Circuit courts may not overrule Supreme Court precedent. Accordingly, this decision purports to rest on the “Necessary and Proper” clause, avoiding Wickard (decided on commerce clause grounds)
- wahern 7mo agoIn particular, Necessary and Proper as it relates to the taxing power, which the challenged statute relied upon, having been passed decades before the scope of Commerce Clause powers began their expansion, let alone Wickard v. Filburn.
- gowld 7mo ago> Circuit courts may not overrule Supreme Court precedent. That's a Supreme Court opinion that only applies if the new case reaches their docket and gets reaffirmed.
- HWR_14 7mo agoHow does the supreme court revisit precedents if the circuit court doesn't readdress the issue?
- PaulDavisThe1st 7mo agoSomebody has to bring a new case that presents a novel legal theory/presentation that isn't clearly addressed by the ruling that forms the precedent.
- djoldman 7mo agoAdditionally, one can argue that the state of the world has changed enough that assumptions made by the USC at the time of precedence require reversal.
- sdenton4 7mo agoThe court is stacked with so called originalists - history stopped in the eighteenth century.
- franga2000 7mo agoidk, they wouldn't have given the president nearly absolute immunity back then..
- IAmBroom 7mo agoYes, they are insincere "originalists". This is known.
- PaulDavisThe1st 7mo agoonly in a new case ....
- pdonis 7mo agoThe party that wants the precedent reversed loses in the lower court (because the lower court is bound by current Supreme Court precedent) and appeals to the Supreme Court. The canonical historical example is Brown v. Board of Education, which was appealed to the Supreme Court explicitly to ask them to reverse Plessy v. Ferguson, which lower courts had relied on as precedent.