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2007-06-26 12:23:54 · 5 answers · asked by meir b 1 in Politics & Government Law & Ethics

5 answers

it can be overruled in a few ways:

1) it can be clearly overruled--
the court can say that the decision was wrong the first time and that they have changed their minds.

2) it can be eroded into oblivion--
the court can claim that the rule created by the previous case is no longer relevant. this would make the first case effectively overruled while not actually overturning the decision.

3) it can be ignored--
the other branches can say that they don't care about the court's decision. it's very rare but it's happened in the past--the president can refuse to enforce the law.

4)a constitutional amendment--
it was considered for a flag burning case. if the question becomes clarified by a constitutional amendment, then the first case becomes moot.

so essentially, either the court can do it by itself or someone else can do it for them. it's fairly rare--the ussc is hesitant to change its rulings.

2007-06-26 12:37:19 · answer #1 · answered by brian 4 · 0 0

1. The court can overrule itself in a future case.
2. Congress can change the law on which the ruling was based.
3. The Constitution can be amended to invalidate the ruling.

Any other method would be a variation on the above.

2007-06-26 13:26:09 · answer #2 · answered by STEVEN F 7 · 0 0

two ways. first way is that congress can clarify the law on which the supreme court ruled. If it was a constitutional issue on which the supreme court had ruled an amendment can change the decision.

2007-06-26 12:33:45 · answer #3 · answered by ainger452 3 · 0 0

The court can revisit the issue in question at some later time when some other lawsuit comes up that addresses the same or similiar issues. They are not bound to follow the decisions of previous courts so their answer could be different

2007-06-26 12:29:03 · answer #4 · answered by james 2 · 0 0

It takes another supreme court ruling to overturn the previous. We see this in many cases one most famous is the Brown v. Board of education which overturned Plessy v Ferguson's "separate but equal" doctrine.

2007-06-26 12:30:41 · answer #5 · answered by IRunWithScissors 3 · 0 0

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