1/ #lawtwitter #appellatetwitter W all the talk of overruling, I’m wondering about what it actually takes to overrule a precedent. I mean, does just saying “we overrule” do the job? Or must the overruling case actually hold a rule of law…
2/ that’s incompatible with the rule (not the policy outcome) of the case said to be overruled?
My curiosity on this was piqued by realizing how Barnette said multiple times that it overruled Gobitis, but obviously didn’t, bc it dealt with a sharply distinct issue. …
My curiosity on this was piqued by realizing how Barnette said multiple times that it overruled Gobitis, but obviously didn’t, bc it dealt with a sharply distinct issue. …
3/ Any other pairs of cases like this? Anyone written on this?
Assuming no one’s used it already, I dibs the title “How to Overrule Without Really Succeeding.”
Assuming no one’s used it already, I dibs the title “How to Overrule Without Really Succeeding.”
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