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turtle
Lord of the Rant.
Formerly turtle2472
 
Join Date: Mar 2005
Location: Upstate South Carolina
 
2022-05-03, 14:33

BTW, In doing a quick search on the concept that harm must have been proven before something can be overruled is not in your favor specifically. See R45319.
Quote:
Although the Supreme Court has shown less reluctance to overrule its decisions on constitutional questions than its decisions on statutory questions, the Court has nevertheless stated that there must be some special justification—or, at least “strong grounds”—that goes beyond disagreeing with a prior decision’s reasoning to overrule constitutional precedent. Consequently, when deciding whether to overrule a precedent interpreting the Constitution, the Court has historically considered several “prudential and pragmatic” factors that seek to foster the rule of law while balancing the costs and benefits to society of reaffirming or overruling a prior holding:

Quality of Reasoning. When determining whether to reaffirm or overrule a prior decision, the Supreme Court may consider the quality of the decision’s reasoning.
Workability. Another factor that the Supreme Court may consider when determining whether to overrule a precedent is whether the precedent’s rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus “unworkable.”
Inconsistency with Related Decisions. A third factor the Supreme Court may consider is whether the precedent departs from the Court’s other decisions on similar constitutional questions, either because the precedent’s reasoning has been eroded by later decisions or because the precedent is a recent outlier when compared to other decisions.
Changed Understanding of Relevant Facts. The Supreme Court has also indicated that changes in how the Justices and society understand a decision’s underlying facts may undermine a precedent’s authoritativeness, leading the Court to overrule it.
Reliance. Finally, the Supreme Court may consider whether it should retain a precedent, even if flawed, because overruling the decision would injure individuals, companies, or organizations; society as a whole; or legislative, executive, or judicial branch officers, who had relied on the decision.
So many of those have been met in the draft opinion where I am right now, page 48.

Louis L'Amour, “To make democracy work, we must be a nation of participants, not simply observers. One who does not vote has no right to complain.”
Visit our archived Minecraft world! | Maybe someday I'll proof read, until then deal with it.
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