Saturday, October 31, 2009

Does anyone know of any cases where the Supreme Court changed its mind about its own reasoning on an issue?

I have spent the whole day looking for cases like Escobedo v. Illinois where the Supreme Court once applied one line of reasoning and then changed its mind and applied another line of reasoning to the same issue. Does anyone out there know of any more examples where the Supreme Court has said they once saw the issue one way, but now see it a different way (e.g. they once thought the Cruel and Unusual Punishment Clause applied, but now think the Due Process Clause applies?). I know there are cases where the Court has said the lower court applied the wrong reasoning, but I'm trying to find cases where the Supreme Court itself applied the wrong reasoning. if anyone knows of any cases like this and could share, I would be eternally grateful.
Answer:
The US Supreme Court has said for years that killing juvenile offenders and mentally ill people was not in violation of the 8th and 14th amendment. However, On March 1, 2005, the court ruled in Atkins v. Virginia prohibiting the execution of mentally retarded person(s).

Refer to ROPER V. SIMMONS (03-633) 543 U.S. 551 (2005) 112 S. W. 3d 397, affirmed.
one would be Brown vs board of ed because at first they ruled Plessy vs Fuergson was legal and changed it with Brown vs Board of ed. hope this helped
Have you looked at Brendlin v State of California? It was recently decided upon by the US Supreme Court about a couple of weeks ago.
Any cases that have to do with personal jurisdiction. Try googling the term personal jursidiction with the terms Byrd v. Blue Ridge Elec.; Asahi; WorldWide Volkswagon.

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