False.
Congress regularly passes legislation "overturning" a Supreme Court decision by passing a law. Remember, not all Supreme Court decisions are based on interpretation of the Constitution - some are interpretations of legislation that Congress has previously passed. If Congress wishes to, it can write new legislation.
A good example - and I'm not taking a position on whether or not this is a good idea - just stating the example: the Supreme Court held that the Bush Administration acted outside its powers by conducting warrantless wiretaps. The Bush Administration then asked Congress to write a new law permitting such warrantless wiretaps. That legislation is pending...but if passed, absent other problems with it, would, in effect, overturn the Supreme Court decision.
2006-10-05 02:29:20
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answer #1
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answered by Anonymous
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First off, I am assuming that you mean the US Supreme Court.
Depending on the issues, state Supreme Court decisions can be challenged in Federal Court (there has to be a federal issue).
As far as the US Supreme Court:
The legislature can pass new laws to overturn decisions sometimes. If it is a constitutional decision, the constitution could be modified.
There is the doctrine of stare decisis in which the Supreme Court is supposed to follow prior decisions, but sometimes, it overturns its own decisions.
2006-10-05 11:04:36
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answer #2
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answered by Anonymous
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It most certainly is possible for the other two branches to "overturn" a Supreme Court decision.
Congress can propose a constitutional amendment to reverse a Court ruling. It then needs to be ratified by 3/4ths of the states. Four of the amendments adopted so far (I wish there were a lot more) have had the effect and undoubtedly the purpose of reversing certain Court rulings.
The executive branch -- The President, his cabinet, the bureaucrats, etc. -- are the ones who actually ENFORCE what the Court has ruled. The executive branch can simply choose NOT to enforce. This is consistent with what we know to be the view of one of the Founding Fathers. Al Hamilton said that the judiciary "must ultimately depend upon the aid of the executive arm for the efficacy of its judgments." It is has been pointed out that at one point in the early 19th Century, President Andrew Jackson flat-out refused to enforce a particular Court ruling which dealt with the issue of certain lands in Georgia claimed by Native American Indians. I've also seen a source claim that the Court, in 1954, had ruled in favor of a particular black man to be admitted into an all-white state-supported university in Florida. But the man was never admitted -- the state of Florida refused to obey the Court.
2006-10-05 02:27:19
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answer #3
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answered by Anonymous
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It is not possible for anyone outside the judiciary to overturn the decision, but the court itself can change its mind through decisions in other cases.
2006-10-05 02:15:49
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answer #4
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answered by Phoenix, Wise Guru 7
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Which superb courtroom? like to annoy human beings even as it features a category. See a STATE superb courtroom case might want to be overturned through the Federal superb courtroom, they get the finest note in ALL situations in accordance to the U.S. structure. each and every so often that note is they're not intrested in taking the case. Now can the case be overturned. it quite is a trick question. They have not "overturned" the case yet they have overruled their own rulings. case in point they once suggested Seperate yet equivalent develop into ok. They later revisted that arguement and suggested that Serperate yet equivalent WASN'T equivalent. So is that overturning the alternative? that's a confusing call. It relies upon on the precise class you're inquiring for. See those were 2 diverse situations. Overturning a case might want to point they're overturning their determination, the position as this develop into rulings in 2 diverse situations.
2016-12-04 07:19:44
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answer #5
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answered by forester 4
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Yes, Congress can pass a law that would overturn a decision relating to a federal statute. If it is a matter of constitutional interpretation, then an amendment would have to be passed and ratified.
2006-10-05 10:36:53
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answer #6
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answered by Anonymous
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With enough justification, a ruling by the Supreme Court can be overturned. That is why we have the checks and balences in our government.
2006-10-05 02:20:22
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answer #7
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answered by analystdevil 3
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only the supreme court can change there decisions
2006-10-05 02:20:05
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answer #8
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answered by latitude58_8 2
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King George probably thinks he can.
2006-10-05 04:47:04
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answer #9
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answered by stan l 7
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