	Introduction

By exercising its power to determine whether federal and state government actions are constitutional, the Supreme Court has developed a large body of judicial decisions, or "precedents," interpreting the Constitution. The role that precedent plays in the Court's decisions on highly controversial issues has prompted debate over whether the Court should follow or overrule rules it established in prior decisions. Such questions underscore the challenges the Court faces in maintaining stability in the law by adhering to precedent under the doctrine of stare decisis so that parties may rely upon its decisions, while at the same time correcting prior decisions that rest on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions. The Appendix to this report lists Supreme Court decisions on constitutional law questions that the Court has overruled specifically during its more than 225-year history. Factors the Supreme Court Considers When Deciding Whether to Overrule Constitutional Precedent

As noted, in recent decades, the Supreme Court has often stated that a decision to overrule precedent must be based on some special justification—or, at least "strong grounds"—that extends beyond the Court's mere disagreement with the merits of the prior decision's reasoning. Consequently, when deciding whether to overrule a past decision in a constitutional case, 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 the Precedent's Reasoning

The first factor that the Supreme Court may consider when determining whether to reaffirm or overrule a prior decision is the quality of the Court's reasoning in the prior case. Workability of the Precedent's Rule or Standard

Another factor that the Supreme Court has considered when determining whether to overrule a precedent is whether a rule or standard that the prior case establishes for determining the constitutionality of a government action is too difficult for lower federal courts or other interpreters to apply and is thus "unworkable." Whether the Precedent Is Inconsistent with Related Decisions

Another factor the Supreme Court may consider is whether the precedent is inconsistent with other Court decisions on similar matters of constitutional law. Whether There Is a Changed Understanding of Relevant Facts

The Supreme Court has also indicated that changes in how the Justices and society understand the facts underlying a prior decision may undermine the authoritativeness of a precedent, leading the Court to overrule it. This factor considers reliance on the rules and principles contained in the Supreme Court's prior decisions by individuals, companies, or organizations; society as a whole; or legislative, executive, or judicial government officials. A survey of Court decisions, applying the various stare decisis factors, suggests that it is difficult to predict when the Court will overrule a prior decision.
By exercising its power to determine the constitutionality of federal and state government actions, the Supreme Court has developed a large body of judicial decisions, or "precedents," interpreting the Constitution. How the Court uses precedent to decide controversial issues has prompted debate over whether the Court should follow rules identified in prior decisions or overrule them. The Court's treatment of precedent implicates longstanding questions about how the Court can maintain stability in the law by adhering to precedent under the doctrine of stare decisis while correcting decisions that rest on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions.
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.
A survey of Supreme Court decisions applying these factors suggests that predicting when the Court will overrule a prior decision is difficult. This uncertainty arises, in part, because the Court has not provided an exhaustive list of the factors it uses to determine whether a decision should be overruled or how it weighs them.
The Appendix to this report lists Supreme Court decisions on constitutional law questions that the Court has overruled during its more than 225-year history.