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Yes, The Supreme Court Has Reversed A Precedent Based Entirely On Its Wrongness

Added 12-03-21 12:21:02am EST - “In the Legal Tender Cases, the Supreme Court reversed itself after two new Justices were appointed who favored the validity of paper money.” - Reason.com

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Posted By TheNewsCommenter: From Reason.com: “Yes, The Supreme Court Has Reversed A Precedent Based Entirely On Its Wrongness”. Below is an excerpt from the article.

During oral arguments in Dobbs, the Solicitor General had to hold a difficult line: the Supreme Court should not overrule a case simply because it was wrong. Justice Alito highlighted this position with a devastating line of questions.

JUSTICE ALITO: Is it your argument that a case can never be overruled simply because it was egregiously wrong?

GENERAL PRELOGAR: I think that at the very least, the state would have to come forward with some kind of materially changed circumstance or some kind of materially new argument, and Mississippi hasn't done so in this case.

JUSTICE ALITO: Really? So suppose Plessy versus Ferguson was re-argued in 1897, so nothing had changed. Would it not be sufficient to say that was an egregiously wrong decision on the day it was handed down and now it should be overruled?

The answer should be, of course it would be sufficient. But the SG could not take that position. Doing so would undermine the federal government's insistence that wrongness is not sufficient to overrule a precedent.

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