The U.S. Supreme Court has overturned its own precedent in roughly 232 cases between 1810 and 2020, according to the Library of Congress’s Constitution Annotated — a tiny fraction of the Court’s output, but a list that includes some of the most consequential decisions in American law. Overturned Supreme Court cases range from Brown v. Board of Education, which dismantled “separate but equal,” to Dobbs v. Jackson Women’s Health Organization, which erased the constitutional right to abortion recognized in Roe v. Wade. The Court follows a principle called stare decisis, Latin for “to stand by things decided,” but that principle has never been absolute. When the justices conclude a prior ruling is unworkable, outdated, or simply wrong, they can and do reverse it.1Ohio Capital Journal. The Supreme Court Has Overturned Precedent Dozens of Times in the Past 60 Years
Between 1789 and 2020, the Court issued about 25,544 opinions and judgments after oral argument. The 145 reversals of constitutional precedent during that span amount to barely half of one percent of the total. The number is small; the impact is not.1Ohio Capital Journal. The Supreme Court Has Overturned Precedent Dozens of Times in the Past 60 Years
How the Court Decides to Overrule Itself
There is no fixed test. Over time, though, a recurring set of considerations has emerged. The 1992 decision in Planned Parenthood v. Casey assembled them into a framework that governed stare decisis analysis for decades: whether the earlier rule had proven unworkable, whether people and institutions had come to rely on it, whether its legal or factual foundations had eroded, and whether it had become an outlier of abandoned doctrine.2Harvard Law Review. Precedent About Precedent
The Court overruled Casey itself in Dobbs, and the majority applied a narrower lens, rejecting Casey’s emphasis on intangible reliance and its concern about the institutional cost of reversing a high-profile ruling. Justice Clarence Thomas has pushed an even leaner approach, arguing the central question is simply whether a prior decision is “demonstrably erroneous.”2Harvard Law Review. Precedent About Precedent
The Court also distinguishes between types of precedent. Constitutional rulings, which Congress cannot override by passing an ordinary law, have long been treated as more open to reconsideration. Justice Louis Brandeis captured the thinking in his 1932 dissent in Burnet v. Coronado Oil and Gas Co.: stare decisis “is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right,” but in constitutional cases, where “correction through legislative action is practically impossible,” the Court has “frequently overruled its earlier decisions.”3National Constitution Center. A Short List of Overturned Supreme Court Landmark Decisions
How Often the Court Overrules Itself
The Court did not begin overruling precedent with any regularity until the 1930s, under Chief Justice Charles Evans Hughes. Since then, the pace has risen and fallen by era. The Burger Court (1969–1986) averaged 3.4 reversals per term, the Warren Court (1953–1969) 3.1, and the Rehnquist Court (1986–2005) 2.4. The Roberts Court has averaged about 1.6 overall, climbing to roughly 2.2 per term since 2017.4New York Times. Supreme Court Precedent Chevron
The ideological direction has swung sharply. Under the Warren Court, scholars classify 92 percent of overruling decisions as reaching a liberal result, reflecting that era’s expansion of individual rights. The Burger and Rehnquist Courts split roughly evenly. Under the Roberts Court, particularly after 2017, only about 31 percent of overrulings have reached liberal outcomes.4New York Times. Supreme Court Precedent Chevron
Brown v. Board of Education (1954): Ending “Separate but Equal”
No reversal carries more moral weight than Brown v. Board of Education, which unanimously struck down the “separate but equal” doctrine of Plessy v. Ferguson (1896). Under Plessy, the Court had ruled 7–1 that racially segregated public facilities were constitutional so long as they were nominally equal, a legal fiction that sustained Jim Crow for nearly six decades.5Britannica. Plessy v. Ferguson
Chief Justice Earl Warren, who prioritized unanimity to maximize the ruling’s moral authority, wrote that “separate educational facilities are inherently unequal.” The legal team led by Thurgood Marshall presented social science evidence, including the Clark “doll experiments,” showing segregation inflicted psychological harm on Black children.6NAACP Legal Defense Fund. Brown vs. Board The decision vindicated Justice John Marshall Harlan’s lone Plessy dissent, in which he had argued that the Constitution is “color-blind.”7National Constitution Center. On This Day the Supreme Court Rules Against Segregation
West Coast Hotel v. Parrish (1937): The End of the Lochner Era
During the Lochner era, named for the 1905 case Lochner v. New York, the Court repeatedly struck down economic regulations as violations of a constitutional “freedom of contract” rooted in the Due Process Clause. That ended in 1937 with West Coast Hotel Co. v. Parrish, a 5–4 decision overruling Adkins v. Children’s Hospital (1923) and upholding Washington State’s minimum wage law for women.8Justia. West Coast Hotel Co. v. Parrish
Chief Justice Hughes, writing for the majority, held that freedom of contract is not absolute and may be limited by state regulations “reasonable in relation to [their] subject and adopted in the interests of the community.” The Court took judicial notice of Depression-era conditions, reasoning that when employers pay inadequate wages, the broader community bears the cost.8Justia. West Coast Hotel Co. v. Parrish
The doctrinal shift was attributed to Justice Owen Roberts, who abandoned his previous alignment with the Court’s conservative bloc. The move is famously called “the switch in time that saved nine,” a reference to President Franklin Roosevelt’s threat to add seats to the Court. Whether Roberts actually responded to that pressure is debated; the Court had reportedly voted on the case before Roosevelt’s court-packing plan became public.9PBS Thirteen. Landmark West Coast Hotel
Gideon v. Wainwright (1963): The Right to a Lawyer
Clarence Earl Gideon was charged with breaking and entering a poolroom in Panama City, Florida, a felony, but could not afford a lawyer. The trial judge refused to appoint one because Florida law required appointed counsel only in capital cases. Gideon represented himself, was convicted, and got a five-year sentence.10U.S. Courts. Facts and Case Summary – Gideon v. Wainwright
The Supreme Court unanimously reversed his conviction in 1963, overruling Betts v. Brady (1942), which had required states to appoint counsel for indigent defendants only in capital cases or when “special circumstances” existed. Justice Hugo Black wrote that “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.”10U.S. Courts. Facts and Case Summary – Gideon v. Wainwright On retrial with an attorney, Gideon was acquitted.11Justia. Gideon v. Wainwright, 372 U.S. 335
Lawrence v. Texas (2003): Overturning Sodomy Laws
In a 6–3 decision, the Court struck down Texas’s criminal sodomy statute and explicitly overruled Bowers v. Hardwick (1986), which had upheld a Georgia law criminalizing consensual same-sex sexual conduct. Justice Anthony Kennedy’s majority opinion declared that Bowers “was not correct when it was decided, and it is not correct today.”12Cornell Law Institute. Lawrence v. Texas
Kennedy wrote that the state “cannot demean [the petitioners’] existence or control their destiny by making their private sexual conduct a crime,” holding that intimate, consensual sexual conduct is protected by the Fourteenth Amendment’s guarantee of substantive due process.13Howard University School of Law Library. Lawrence v. Texas The decision invalidated sodomy laws across the country and laid the legal foundation for Obergefell v. Hodges twelve years later. Professor Laurence Tribe called Lawrence “the Brown v. Board of Education of gay and lesbian America.”12Cornell Law Institute. Lawrence v. Texas
Obergefell v. Hodges (2015): Marriage Equality
On June 26, 2015, the Court ruled 5–4 that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to license and recognize marriages between same-sex couples, overruling Baker v. Nelson (1972), which had dismissed the claim to same-sex marriage as not presenting “a substantial federal question.”14SCOTUSblog. Opinion Analysis: Marriage Now Open to Same-Sex Couples
Justice Kennedy, writing for the majority, identified four principles supporting marriage as a fundamental right: individual autonomy, the unique importance of a two-person union, protection of children and families, and marriage’s role as a keystone of the social order.15Cornell Law Institute. Obergefell v. Hodges The dissenters, led by Chief Justice Roberts, argued the Constitution does not define marriage and the issue should be left to state legislatures.16Oyez. Obergefell v. Hodges
Citizens United v. FEC (2010): Corporate Political Spending
In a 5–4 ruling, the Court held that the First Amendment prohibits the government from restricting independent political expenditures by corporations and labor unions, overruling Austin v. Michigan Chamber of Commerce (1990) and the portion of McConnell v. FEC (2003) that had upheld restrictions on corporate “electioneering communications.”17Oyez. Citizens United v. Federal Election Commission
Justice Kennedy, writing for the majority, concluded that political speech is “indispensable to a democracy” regardless of whether the speaker is an individual or a corporation. The Court rejected the “antidistortion” rationale that the government could limit corporate spending to prevent wealthy entities from drowning out other voices, and narrowed the definition of actionable corruption to quid pro quo exchanges like bribes.18Justia. Citizens United v. FEC, 558 U.S. 310 Lower courts extended the ruling to create super PACs, which can raise and spend unlimited funds, and the decision also contributed to a surge in “dark money” from nonprofits that do not disclose their donors.19Brennan Center for Justice. Citizens United Explained
Janus v. AFSCME (2018): Public-Sector Union Fees
The Court ruled 5–4 that requiring non-union public employees to pay agency fees violates the First Amendment, overturning Abood v. Detroit Board of Education (1977), which had permitted the practice for more than four decades. The majority held that compelling workers to fund even non-political union activities constitutes forced speech.20Marquette University Law School Faculty Blog. The Costs of Janus v. AFSCME Critics argued the decision reflected a broader trend of using an expansive reading of the First Amendment to limit government regulation, and warned the same reasoning could threaten mandatory bar association dues and similar fee structures.
South Dakota v. Wayfair (2018): Taxing Online Sales
The Court overruled the “physical presence” rule for state sales tax collection, which had been set in National Bellas Hess v. Department of Revenue (1967) and reaffirmed in Quill Corp. v. North Dakota (1992). Those precedents had prevented states from requiring out-of-state retailers to collect sales tax unless the retailer had a physical location — a warehouse, a store, employees — in the state.21U.S. Supreme Court. South Dakota v. Wayfair, Inc.
Justice Kennedy called the physical presence rule “arbitrary,” “formalistic,” and a “judicially created tax shelter” that gave online retailers a competitive advantage over brick-and-mortar stores. The Court noted that states were losing an estimated $8 billion to $33 billion a year under the rule, and that the rise of internet commerce had rendered Quill’s premise “anachronistic.”22Cornell Law Institute. South Dakota v. Wayfair, Inc. The decision upheld South Dakota’s law requiring tax collection from sellers exceeding $100,000 in sales or 200 transactions annually in the state, and similar thresholds have been adopted across the country.23Harvard Law Review. South Dakota v. Wayfair, Inc.
Trump v. Hawaii (2018): The Repudiation of Korematsu
In upholding President Trump’s travel restrictions in a 5–4 decision, the Court used the occasion to address one of the most infamous rulings in its history. Chief Justice Roberts wrote that Korematsu v. United States (1944), which upheld the internment of approximately 120,000 Japanese Americans during World War II, “was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — has no place in law under the Constitution.”24National Constitution Center. Did the Supreme Court Just Overrule the Korematsu Decision
The legal status of that repudiation is debated. Justice Sotomayor, in dissent, welcomed it as a “formal repudiation of a shameful precedent” that was “laudable and long overdue.” Legal scholars have noted the discussion was technically dicta, because no party had asked the Court to overrule Korematsu, and the majority never used explicit overruling language. Some critics argued the Trump v. Hawaii majority replicated Korematsu’s core reasoning by deferring to executive security claims and dismissing evidence of discriminatory intent.25American Constitution Society. Trump v. Hawaii and Chief Justice Roberts’s Korematsu Overruled Parlor Trick
Ramos v. Louisiana (2020): Unanimous Jury Verdicts
The Court held that the Sixth Amendment requires unanimous jury verdicts for serious criminal offenses in state courts, overruling Apodaca v. Oregon (1972). Louisiana and Oregon had been the only states permitting convictions by 10-to-2 votes, and the opinion highlighted the discriminatory origins of those rules. Louisiana’s non-unanimity provision traced to an 1898 constitutional convention whose stated goal was to “establish the supremacy of the white race,” and Oregon’s emerged from 1930s efforts to dilute the influence of minority jurors.26U.S. Supreme Court. Ramos v. Louisiana
Justice Gorsuch wrote the principal opinion, concluding that Apodaca was a “badly fractured” decision that had never commanded a true majority and rested on a dual-track theory of incorporation the Court had already rejected. Justice Kavanaugh’s concurrence articulated a three-part test for overruling: whether the prior decision was egregiously wrong, whether it had caused significant negative consequences, and whether overruling it would upset legitimate reliance interests. He found Apodaca failed all three.27Harvard Law Review. Ramos v. Louisiana
Dobbs v. Jackson Women’s Health Organization (2022): Overruling Roe v. Wade
In the most politically explosive reversal in decades, the Court voted 5–1–3 to overrule Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), holding that the Constitution does not confer a right to abortion and returning authority to regulate or prohibit abortion to state legislatures.28U.S. Supreme Court. Dobbs v. Jackson Women’s Health Organization
Justice Alito’s majority opinion argued that Roe was “egregiously wrong from the start,” that its trimester framework had no constitutional grounding, and that Casey’s “undue burden” test had proved subjective and unworkable. The majority emphasized that any unenumerated right protected by the Due Process Clause must be “deeply rooted in this Nation’s history and tradition,” a standard the Court concluded abortion did not meet.29National Constitution Center. Dobbs v. Jackson Women’s Health Organization
The joint dissent by Justices Breyer, Kagan, and Sotomayor warned the ruling “consigns women to second-class citizenship” and argued it undermined the constitutional fabric connecting abortion rights to other privacy and bodily integrity precedents. Justice Thomas’s concurrence went further than the majority, urging the Court to “reconsider all of this Court’s substantive due process precedents,” including Griswold v. Connecticut (contraception), Lawrence v. Texas, and Obergefell v. Hodges. Justice Kavanaugh’s concurrence stated the ruling should not be read to threaten those other precedents.29National Constitution Center. Dobbs v. Jackson Women’s Health Organization
Loper Bright Enterprises v. Raimondo (2024): Ending Chevron Deference
On June 28, 2024, the Court voted 6–3 to overrule the Chevron doctrine, one of the most cited frameworks in administrative law. Under Chevron U.S.A., Inc. v. Natural Resources Defense Council (1984), courts had been required to defer to a federal agency’s “permissible” interpretation of an ambiguous statute the agency administered. Loper Bright held that framework incompatible with the Administrative Procedure Act, which directs reviewing courts to “decide all relevant questions of law” independently.30U.S. Supreme Court. Loper Bright Enterprises v. Raimondo
Chief Justice Roberts, writing for the majority, invoked Marbury v. Madison’s principle that it is the “province and duty of the judicial department to say what the law is.” The Court rejected the argument that agency expertise requires judicial deference on legal questions, though it noted agency interpretations may still be given “respect” if persuasive under the older Skidmore v. Swift framework. The ruling does not retroactively disturb past decisions that relied on Chevron to uphold specific agency actions; those remain protected by statutory stare decisis.30U.S. Supreme Court. Loper Bright Enterprises v. Raimondo
When Congress and Amendments Override the Court
The Court is not the only institution that can undo its own decisions. When a ruling rests on the interpretation of a federal statute, Congress can override it by passing a new or revised law. When a ruling rests on constitutional interpretation, the options are narrower: a constitutional amendment, which requires a two-thirds vote in both chambers and ratification by three-quarters of the states, or the creative use of enumerated powers like the Commerce Clause.31University of Colorado. Can Congress Overturn Supreme Court Rulings
Several amendments were direct responses to Supreme Court decisions. The Thirteenth and Fourteenth Amendments, abolishing slavery and guaranteeing citizenship and equal protection, effectively reversed Dred Scott v. Sandford (1857), in which the Court had held that enslaved people were not citizens and had no right to sue in federal court.32Brennan Center for Justice. Landmark Supreme Court Cases
Statutory overrides are more common. After the Court ruled in Ledbetter v. Goodyear Tire and Rubber Co. (2007) that the filing period for pay discrimination claims began when the original salary decision was made, Congress passed the Lilly Ledbetter Fair Pay Act of 2009, which resets the clock each time a discriminatory paycheck is issued.33EEOC. Lilly Ledbetter Fair Pay Act of 2009 After Employment Division v. Smith (1990) abandoned the “compelling interest” test for religious freedom claims, Congress passed the Religious Freedom Restoration Act (1993) to restore it. The Court later ruled in City of Boerne v. Flores (1997) that RFRA was unconstitutional as applied to state governments, though it remains in effect for federal law.34SCOTUSblog. When Congress Overrides the Court
The Legitimacy Debate
Each high-profile reversal reignites a long argument about the Court’s role. One school holds that the Court undermines its own authority when it abandons settled law, particularly on divisive questions where millions of people have organized their lives around existing rights. The Casey plurality voiced this concern in 1992, arguing that overruling a landmark decision under political pressure would damage the Court’s institutional integrity.3National Constitution Center. A Short List of Overturned Supreme Court Landmark Decisions
The opposing view holds that fidelity to the Constitution requires correcting errors, and that keeping a decision the justices believe is wrong does more damage to the rule of law than reversing it. Beginning with the Rehnquist Court, justices have increasingly framed some prior rulings as “badly reasoned,” “simply wrong,” or inconsistent with the framers’ intentions, treating those characterizations as sufficient grounds for overruling.1Ohio Capital Journal. The Supreme Court Has Overturned Precedent Dozens of Times in the Past 60 Years
Justice Elena Kagan observed in 2018 that for much of the previous four decades, the Court’s perceived legitimacy had rested on the presence of a “swing” justice whose votes were hard to predict, lending decisions an appearance of impartiality. The disappearance of that dynamic has fueled calls for structural reforms ranging from term limits to changes in the Court’s size.35Harvard Law Review. The Supreme Court’s Legitimacy Dilemma
The power to overrule precedent is rare and consequential. The 232 or so reversals in more than two centuries represent a small fraction of the Court’s work, but they include the decisions that ended racial segregation, established the right to counsel, legalized same-sex marriage, and reshaped campaign finance. The debate over when to use that power, and who benefits when it is used, is likely to remain central to American law for as long as the Court exists.