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can a us suprime court desision be reversed? , yes , no. thanks (Original Post) AllaN01Bear Aug 2022 OP
they reversed Roe nt prodigitalson Aug 2022 #1
Yes, what they did was a reversal... Wounded Bear Aug 2022 #2
I don't see why not... Hugin Aug 2022 #3
The Supreme Court can overturn many decisions. Haggard Celine Aug 2022 #4
Its Going to Take Decade(s) to Change Composition of the Supreme Court Stallion Aug 2022 #5
Unless... RussBLib Aug 2022 #17
Yes Clearheadsam Aug 2022 #6
No Polybius Aug 2022 #9
They can't overturn a decision whenever they want to. Silent3 Aug 2022 #7
Only two ways Polybius Aug 2022 #8
Congress In It to Win It Aug 2022 #11
No they can't Polybius Aug 2022 #12
They can In It to Win It Aug 2022 #13
Yeah that would work Polybius Aug 2022 #14
Yes In It to Win It Aug 2022 #15
Yeah, that one we're stuck with for a while Polybius Aug 2022 #16
Yes, but that depends on the decision In It to Win It Aug 2022 #10

Wounded Bear

(58,648 posts)
2. Yes, what they did was a reversal...
Tue Aug 2, 2022, 11:27 PM
Aug 2022

It hasn't happened often, and usually it goes the other way, like when they killed Plessy v Ferguson.

I think this is the first time they overturned a decision that took away people's rights.

Haggard Celine

(16,844 posts)
4. The Supreme Court can overturn many decisions.
Tue Aug 2, 2022, 11:36 PM
Aug 2022

They've done it in lots of cases. And a future Court can overturn the decision that overturned Roe. That gives us some hope. I don't know how they'll decide if different states pass referendums on abortion. I don't think they care much for democracy, so they might strike down those laws, too. A Court expansion is in order.

Stallion

(6,474 posts)
5. Its Going to Take Decade(s) to Change Composition of the Supreme Court
Tue Aug 2, 2022, 11:49 PM
Aug 2022

...but now we need to at least focus on the states in the meantime

Elections have consequences-even if minority elected Presidents

Polybius

(15,398 posts)
9. No
Wed Aug 3, 2022, 01:26 AM
Aug 2022

That could be struck down too. To truly change it, you need 67 votes and 3/4ths of the states to overturn it and put it in the Constitution.

Silent3

(15,210 posts)
7. They can't overturn a decision whenever they want to.
Wed Aug 3, 2022, 12:12 AM
Aug 2022

There has to be a case put before the SCOTUS that can trigger a reversal.

No doubt, if and when liberals regain a majority in the SCOTUS, a case or many cases will suddenly be created.

While the SCOTUS is normally reluctant to overturn precedent, especially if creating a radical reversal, I would hope the liberals on the court will be forceful enough to be just as sweeping and unconstrained with their own reversal of the reversal of Rowe v. Wade, and perhaps some other decisions as well on voting rights, gun laws, etc.

It's not going to happen anytime soon, however, unless we eliminate the filibuster and pack the court. While I dearly hope for that, I'm not holding my breath.

Polybius

(15,398 posts)
8. Only two ways
Wed Aug 3, 2022, 01:25 AM
Aug 2022

1) The Supreme Court itself reverses its decision, which usually takes at least 20 years.

2) A Constitutional Amendment.

3) A Constitutional Convention.

Take your pick. It won't be 2 or 3.

In It to Win It

(8,248 posts)
13. They can
Wed Aug 3, 2022, 08:25 AM
Aug 2022

If the Supreme Court interprets a statute in a way that Congress disagrees with, Congress pass legislation correcting that interpretation.

For example, in West Virginia v EPA, the question wasn’t one of constitutionality, the Supreme Court says the EPA didn’t have a certain power to make a rule under the Clean Air Act. Congress can pass a law saying EPA does have that power, effectively overruling the Supreme Court. Disputes of interpretation can be overruled with new legislation, but disputes of constitutionality cannot.

Polybius

(15,398 posts)
14. Yeah that would work
Wed Aug 3, 2022, 11:52 AM
Aug 2022

I misunderstood, I was thinking of something like Citizens United. That one needs a Constitutional Amendment.

In It to Win It

(8,248 posts)
15. Yes
Wed Aug 3, 2022, 11:56 AM
Aug 2022

That would required a constitutional amendment or the Court reversing itself, which that possibility seems years away.

In It to Win It

(8,248 posts)
10. Yes, but that depends on the decision
Wed Aug 3, 2022, 01:31 AM
Aug 2022

Congress can introduce legislation that overrules the Supreme Court when it comes a dispute of statutory interpretation for example.

Obviously, the Supreme Court can overrule it's own decisions.

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