Stare Decisis Really Sticks
Mia Hennen at Pew:
The U.S. Supreme Court is weighing whether to overrule two of its own long-standing legal precedents – one about presidential power over federal agencies, which has been in place for over 90 years, and another about campaign financing by political parties.
These cases follow the court’s high-profile decision in June 2022 to overturn Roe v. Wade, a ruling that had guaranteed the right to an abortion nationwide for nearly five decades.
Since the Supreme Court’s founding in 1789 through its most recent full term in 2024, fewer than 1% of all rulings (236 of 29,202) have overturned an earlier high court decision, according to a Pew Research Center analysis of data from the Library of Congress and the Supreme Court Database at Pennsylvania State University.
Overturning precedent hasn’t been very common in recent decades, either. Between the 2005 and 2024 terms, only 21 of 1,471 rulings (1.4%) overturned one or more earlier decisions.
