The U.S. Supreme Court. Photo: Diego M. Radzinschi/ALM Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
August 14, 2024 at 05:21 PM
7 minute read
United States Supreme Court
The U.S. Supreme Court's campaign of overturning landmark precedents—from Roe v. Wade to Chevron v. NRDC—has garnered wide public attention in recent years and thrust the justices into the political spotlight. But they have also engaged in a more subtle practice that has largely flown below the radar: narrowing, without formally overruling, precedents.
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