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HWR_14 2 days ago

How does the supreme court revisit precedents if the circuit court doesn't readdress the issue?

pdonis 2 days ago | parent | next [-]

The 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.

PaulDavisThe1st 2 days ago | parent | prev [-]

Somebody 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 2 days ago | parent [-]

Additionally, 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.

PaulDavisThe1st 2 days ago | parent | next [-]

only in a new case ....

sdenton4 2 days ago | parent | prev [-]

The court is stacked with so called originalists - history stopped in the eighteenth century.

franga2000 2 days ago | parent [-]

idk, they wouldn't have given the president nearly absolute immunity back then..

IAmBroom a day ago | parent [-]

Yes, they are insincere "originalists". This is known.