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"It is a jolt to the legal system when you overrule a precedent," he said.
"By temperament, he's not a flame-thrower, not somebody you'd expect to willingly or readily overrule a precedent, Paul Mogin, a roommate of Roberts' at Harvard Law, told the New York Times.
Can the court overrule a precedent simply because it believes the prior case to have been incorrectly decided?
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In raising the protective age for capital punishment from 16 to 18, the court overruled a precedent set only 16 years earlier.
Underlining the gravity of overturning a decades-old ruling, Verrilli said: "We're talking about overruling a precedent of 40 years' standing.
Although Stevens did not explicitly reference this case, which the justices will discuss in private at their June 14 conference, he lambasted the Citizens United majority for overruling a precedent that allowed states to bar corporate spending from beyond their borders.
Only the full court can overrule an earlier precedent of the court, which held that the Second Amendment protects a collective right.
The decision overruled a 1990 precedent to the contrary.
In 2007, for instance, when Chief Justice Roberts took a calculated step toward limiting campaign finance regulation, Justice Scalia accused him in a concurrence of effectively overruling a major precedent "without saying so".
Four years ago, for example, the court reviewed a law by which Congress had purported to overrule the Miranda decision, a precedent Chief Justice Rehnquist disliked and had criticized for years.
A later court cannot treat the case as wrongly decided, unless it is able and willing to overrule it The idea that a precedent is reaching a conclusion on the balance of reasons in the particular case at hand makes sense of a number of other features of common law judgments.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com