3 ms·
How does the supreme court revisit precedents if the circuit court doesn't readdress the issue?
by HWR_14 6mo ago
How does the supreme court revisit precedents if the circuit court doesn't readdress the issue?
- PaulDavisThe1st 6mo 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 6mo 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 6mo agoThe court is stacked with so called originalists - history stopped in the eighteenth century.
- franga2000 6mo agoidk, they wouldn't have given the president nearly absolute immunity back then..
- IAmBroom 6mo agoYes, they are insincere "originalists". This is known.
- PaulDavisThe1st 6mo agoonly in a new case ....
- pdonis 6mo 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.