13 Overturned Supreme Court Cases

The Supreme Court, the highest judicial body in the United States, stands as a guardian of the Constitution, interpreting its words and shaping the nation’s legal landscape. It is the highest authority in legal decisions.

Once the Supreme Court issues a ruling on a case, it becomes the law of the land and must be followed by lower courts and government bodies. But, the supreme court has a secret – it can change its mind.

Although its change of mind is as rare as kyawthuite, the Supreme Court has overturned its decision a few times. History.com posits a total of 146 decisions out of 25, 000 by the Supreme Court have been overturned.

Can Supreme Court decisions be overturned? Discover 13 unique cases where the Supreme Court overturned its decision in this article.

Does the Supreme Court follow its decision?

Yes, the Supreme Court typically follows its decisions. Once the Supreme Court renders a judgment on a case, it becomes the law of the land and is binding on lower courts and governmental bodies. This principle is known as stare decisis, which means “to stand by things decided.”

The Court’s decisions establish legal precedents that guide future rulings and interpretations of the law. The expectation is that lower courts and government entities will follow and apply the Supreme Court’s decisions in similar cases.

However, there can be instances where the Court might reconsider or overturn its own decisions. This might happen if new arguments, changes in societal norms, or shifts in legal interpretation prompt the Court to reevaluate a previous ruling.

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Can Supreme Court decisions be overturned?

Though rare, the Supreme Court’s decision can be overturned. The most common way for a Supreme Court decision to be overturned is through “a later Supreme Court decision.”

The later Court simply issues a new decision that contradicts the old one. Also, if a Supreme Court decision is based on an interpretation of the Constitution that is later deemed incorrect, the Constitution can be amended to change the interpretation.

In some cases, Congress can pass a law that effectively overturns a Supreme Court decision. Factors like changing societal values, new legal interpretations, and the precedent’s impact can influence the Supreme Court in overturning its decision.

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13 Overturned Supreme Court Cases

Here are 13 such cases, where the scales of justice tilted dramatically, leaving behind a legacy of both controversy and progress.

#1. Hammer v. Dagenhart (1918)

In 1941, during the case of U.S. v. Darby Lumber Company, Hammer v. Dagenhart, decided in 1918, was overturned by the Supreme Court. A combination of legal, social, economic, and political factors influenced this later decision by the Supreme Court.

According to Oyez, the Keating-Owen Child Labor Act prohibited the interstate shipment of goods produced by child labor. Reuben Dagenhart’s father — Roland — had sued on behalf of his freedom to allow his fourteen-year-old son to work in a textile mill.

When the Supreme Court heard Hammer v. Dagenhart in 1918, there was no nationwide ban on child labor, but there was a federal law that prohibited the interstate shipment of goods produced by child labor.

By 1941, the United States had experienced significant economic transformation, including the rise of large corporations and the expansion of interstate commerce. Also, the Court recognized that child labor practices in some states had a detrimental impact on the national economy and labor market, even if the production itself happened within state lines. 

This wider economic context informed their decision to broaden the scope of the Commerce Clause. Considering that Public opinion had shifted dramatically since 1918, with growing support for federal regulation of child labor, the Court was more receptive to upholding the constitutionality of the law in Darby Lumber.

#2. Dred Scott v. Sandford (1857)

This landmark case denied citizenship to Black Americans, fueling the flames of the Civil War. It was overturned by the 14th Amendment.

The 14th Amendment was specifically drafted to address the injustices of Dred Scott. Its Citizenship Clause explicitly states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This directly contradicted the Court’s assertion in Dred Scott that Black Americans couldn’t be citizens.

The Civil War had a profound impact on American society, radically shifting views on race and slavery. The war’s outcome, with the abolition of slavery, paved the way for a more inclusive vision of citizenship.

Also, legal scholars and abolitionists argued that the decision was flawed and contradicted the fundamental principles of the Constitution.

So, the overturning of Dred Scott v. Sandford wasn’t a single act, but rather a culmination of several factors: a constitutional amendment directly addressing the decision’s core injustice, changing societal values, shifting political dynamics, evolving legal interpretations, and a long struggle for racial equality.

#3. Minersville School District v. Gobitis (1940)

The 1940 Supreme Court decision in Minersville School District v. Gobitis, which upheld the mandatory flag salute for all students, was overturned just three years later in the 1943 case West Virginia State Board of Education v. Barnette.

In Gobitis, the Court focused on the state’s interest in national unity, claiming it outweighed religious freedom. However, in Barnette, Justice Robert Jackson, writing for the majority, adopted a more nuanced approach.

He argued that compelling flag salutes violated the Free Exercise Clause of the First Amendment, as it forced individuals to engage in a symbolic act against their deeply held religious beliefs.

The reversal of Minersville School District v. Gobitis stands as a landmark case in the history of religious freedom in the United States, reminding us of the delicate balance between individual rights and government authority.

#4. Plessy v. Ferguson (1896)

The 1896 Supreme Court decision in Plessy v. Ferguson was not directly overturned, its legal foundation was gradually eroded and ultimately dismantled through subsequent court rulings and societal changes.

The Plessy decision infamously upheld the “separate but equal” doctrine, stating that racial segregation in public accommodations did not violate the Fourteenth Amendment as long as facilities were supposedly equal.

Well, this doctrine was inherently flawed because facilities for Black Americans were consistently inferior, with poorer quality, less funding, and limited access. Also, this segregation inflicted psychological harm, reinforcing racial subordination and undermining the concept of equal citizenship.

The “separate but equal” doctrine faced numerous legal challenges over the years, chipping away at its legitimacy.

#5. Korematsu v. United States (1944)

 The Supreme Court ruling in Korematsu v United States 1944 angered supporters of civil liberties because it made the internment of certain American citizens legitimate. United States decision has been rebuked but was only finally overturned in 2018.

In Trump v. Hawaii (2018), the Supreme Court explicitly repudiated and effectively overturned the Korematsu decision, characterizing it as “gravely wrong the day it was decided” and “overruled in the court of history.”

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#6. Betts v. Brady (1942)

The Betts v. Brady (1942) Supreme Court decision was not directly overturned by a single subsequent ruling.

However, its legal reasoning was gradually eroded and ultimately rejected in later landmark cases, leading to the current understanding of the right to counsel as a fundamental due process right guaranteed under the Fourteenth Amendment.

The Betts Court, in a 5-4 decision, denied Betts’ petition for habeas corpus, arguing that the Sixth Amendment’s right to counsel in criminal cases did not apply to state courts through the Fourteenth Amendment’s Due Process Clause.

The Betts decision remained in place for over two decades, but its authority gradually diminished due to the strong dissents in Betts foreshadowed future legal challenges.

Finally, in 1963, the landmark case of Gideon v. Wainwright directly challenged and overturned Betts. The Court, in a unanimous decision, ruled that the Sixth Amendment’s right to counsel was indeed incorporated against the states through the Fourteenth Amendment’s Due Process Clause.

#7. Bowers v. Hardwick (1986)

Bowers v. Hardwick (1986) was overturned by the Supreme Court in the 2003 case of Lawrence v. Texas because the Court ruled that the right to privacy under the Constitution did not protect homosexual sodomy.

This decision upheld a Georgia law criminalizing sodomy, even between consenting adults in private. In 2003, two men were arrested in Texas for having consensual sex in a private residence.

The Court acknowledged that the concept of privacy had evolved since Bowers, encompassing more aspects of personal autonomy and intimate relationships. It recognized that the Bowers decision discriminated against LGBTQ+ individuals by denying them the same privacy rights as heterosexual individuals.

The Lawrence decision marked a major victory for LGBTQ+ rights in the United States. It laid the foundation for future legal advancements, including the legalization of same-sex marriage in Obergefell v. Hodges (2015).

#8. Austin v. Michigan Chamber of Commerce (1990)

The Michigan Chamber of Commerce wanted to use general funds to sponsor a newspaper advertisement supporting a candidate for the state’s House of Representatives. Michigan law prohibited corporations from using treasury funds for such independent expenditures.

The Chamber challenged the law, arguing that it violated their First Amendment rights. The Supreme Court, in a 5-4 decision, upheld the Michigan law. It considered the “unique legal and economic characteristics of corporations” and their potential for wielding undue influence in elections.

The Austin decision remains a contentious issue, with critics arguing that it unfairly restricts corporate speech and gives undue power to the government. Subsequent Supreme Court cases, like Citizens United v. FEC (2010), have further complicated the issue by allowing corporations and unions to make unlimited independent expenditures through super PACs.

While Austin v. Michigan Chamber of Commerce was not overturned, its legacy and implications for corporate speech and political spending continue to be actively debated and evolve within the context of American political discourse.

#9. Roe v. Wade (1973)

The 1973 Supreme Court decision in Roe v. Wade wasn’t directly overturned by a single subsequent ruling. However, its legal foundation was completely dismantled in June 2022 by the landmark case of Dobbs v. Jackson Women’s Health Organization.

The Dobbs case centered on a Mississippi law banning abortions after 15 weeks of pregnancy. Written by Justice Alito, the majority opinion,  argued that Roe v. Wade and its companion case, Planned Parenthood v. Casey (1992), were “egregiously wrong” and should be overruled.

Alito argued that the right to abortion was not deeply rooted in American history or tradition, nor was it considered a right at the time the Fourteenth Amendment was ratified.

The Dobbs decision effectively overturned Roe v. Wade and Casey, leaving the regulation of abortion to individual states.

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#10. Baker v. Nelson (1972)

Baker v. Nelson (1972) was a decision by the Minnesota Supreme Court, which held that same-sex marriage was not authorized by state statutes and that the state had no constitutional obligation to authorize it. Baker appealed the Minnesota Supreme Court’s decision to the U.S. Supreme Court.

However, the U.S. Supreme Court dismissed the appeal “for want of a substantial federal question” on October 10, 1972. This simply means they didn’t consider it a matter of significant national importance for them to address at the time.

The issue of same-sex marriage remained unresolved at the national level until the landmark 2015 Supreme Court decision in Obergefell v. Hodges, which recognized the right to same-sex marriage under the Fourteenth Amendment’s Due Process and Equal Protection Clauses.

#11. Bush v. Gore (2000)

Although Bush v. Gore (2000) Supreme Court decision itself was not overturned in the traditional sense, several factors effectively rendered its outcome irrelevant and limited its lasting impact.

The central issue in Bush v. Gore was the validity of a potential recount of votes in Florida, which needed to be completed by December 12, 2000, to comply with federal law. Also, the decision focused solely on Florida’s recount procedures and the Equal Protection Clause of the Fourteenth Amendment.

Because it did not address broader questions about the Electoral College or the procedures for resolving contested elections, its applicability to future cases limited its influence on the wider legal landscape.

#12. Shelby County v. Holder (2013)

Shelby County v. Holder‘s case challenged Section 4(b) of the Voting Rights Act of 1965 (VRA), which required certain states and localities with a history of racial discrimination in voting to obtain federal “preclearance” before implementing any changes to their voting laws.

The Supreme Court, in a 5-4 decision, ruled that Section 4(b)’s coverage formula was outdated and unconstitutional. They argued that the formula, based on data from the 1960s, no longer accurately reflected the current landscape of voting discrimination.

The decision sparked widespread concern about the potential for increased voter discrimination, particularly in minority communities. Several states and localities with a history of discrimination quickly implemented restrictive voting measures, such as voter ID laws and reductions in polling places.

While the Shelby County v. Holder decision itself wasn’t formally overturned, its core provisions were effectively weakened, leading to increased concerns about voter discrimination and limiting its impact on protecting voting rights.

#13. Citizens United v. FEC (2010)

Although the 2010 Supreme Court decision in Citizens United v. FEC has not been formally overturned by a subsequent ruling, its legacy continues to be debated and challenged.

The Court ruled that corporations and unions could spend unlimited money on independent expenditures advocating for or against the election of candidates, as long as these expenditures were not coordinated with the candidate’s campaign.

The decision faced strong criticism for potentially allowing corporations and unions to wield undue influence in elections and undermining the principle of “one person, one vote.”

Some advocates propose amending the Constitution to explicitly limit the political spending of corporations and unions. Efforts to reform campaign finance laws and regulations continue, aiming to mitigate the potential for undue influence from large donors and organizations.

The decision has had a significant impact on the American political landscape, raising concerns about the influence of money in politics and the need for campaign finance reform.

How can a Supreme Court decision be overturned?

There are several ways a Supreme Court decision can be overturned, though each has its limitations and complexities.

Some of them include:

• Direct Overturning: A subsequent Supreme Court case can explicitly overrule a previous decision.
• Erosion Over Time: A decision’s legal foundation can be gradually eroded through subsequent cases that chip away at its reasoning or establish new principles that effectively contradict it.
• Constitutional Amendment: A Supreme Court decision can be overturned by amending the Constitution itself.
• Legislative Changes: Congress or state legislatures can pass laws that effectively work around or counteract the effects of a Supreme Court decision.
• Public Pressure and Shifting Social Norms: Public pressure and evolving social norms can eventually lead to changes in the law, including the potential overturning of a Supreme Court decision.

Frequently Asked Questions

Conclusion

The Supreme Court’s overturning moments offer a glimpse into the interplay between law and society. They remind us that justice is not static, but a continuous conversation, forever evolving to reflect the nation’s changing values and aspirations.

If you have reservations about a Supreme Court ruling, discover 13 times the Supreme Court overturned its judgment. Studying them carefully can be a headstart.

References

• SupremeCourt.Gov – The Court and Constitutional Interpretation
• History.com – 8 Landmark Supreme Court Cases That Were Overturned
• Constitution.Congress.Gov – Table of Supreme Court Decisions Overruled by Subsequent Decisions

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