Overturned : The Rhetoric of Overruling in the United States Supreme Court.

Format:

Book

Author/Creator:

Rountree, Clarke.

Series:

Rhetoric, Law, and the Humanities Series

Language:

English

Subjects (All):

United States. Supreme Court--Decision making.

United States.

Prospective overruling--United States.

Prospective overruling.

Res judicata--United States.

Res judicata.

Stare decisis--United States.

Stare decisis.

Genre:

Electronic books.

Physical Description:

1 online resource (367 pages)

Edition:

1st ed.

Place of Publication:

Tuscaloosa : University of Alabama Press, 2024.

Summary:

"An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history. The immense controversy surrounding the case of Dobbs v. Jackson Women's Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents. In his vivid and accessible style, scholar Clarke Rountree recounts the rhetorical pirouettes and linguistic acrobatics the court has deployed to explain its reversal of Dobbs and numerous other landmark decisions. He reviews strategies the court uses to undermine a previous court's standing without undermining its own. He analyzes overrulings across time, by type (constitutional cases versus statutory and common law cases), by the ages of the overturned precedents, with changes in the court's membership, and through other variables. Rountree gives engrossing accounts of pivotal overrulings in the past, such as when Lincoln's Treasury Secretary Salmon Chase used the Legal Tender Act in 1862 to raise money for the Civil War then ruled the same law unconstitutional in 1870 when he served as chief justice. Rountree retells Thomas Edison's attempt to monopolize the burgeoning film industry, which was stopped only when the Supreme Court overturned an earlier patent-rights case in 1917. Finally, Rountree applies his myriad insights to the politically fraught Dobbs case. Overturned makes a valuable contribution to law, rhetoric, politics, and history, and readers interested in the role and function of America's highest court will find Rountree's account fast-paced, lively, and engaging"-- Provided by publisher.

Contents:

Intro

Contents

List of Tables

Acknowledgments

1. Judicial Rhetoric and Overruling in the US Supreme Court

2. Stare Decisis and Overruling in the US Supreme Court

3. Overruling in the Nineteenth Century: Maritime and Money

4. Overruling Statutory Interpretations: Jurisdiction, Patents, and Civil Rights

5. Justifying the "Switch in Time That Saved Nine": The Supreme Court's About-Face Following FDR's Court-Packing Threat

6. Expanding Civil Rights and Challenging States' Authority: Fourteenth Amendment Overruling Cases

7. Dobbs v. Jackson and the Decline of Stare Decisis in the Roberts Court

Appendix A: US Supreme Court Overruling and Overruled Cases

Appendix B: Cases Excluded from Overruling List

Notes

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Rountree, Clarke Overturned

ISBN:

9780817395384

OCLC:

1472149362