Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why U.S. Supreme Court justices have chosen to alter precedent. This book attempts to fill that gap by analyzing those decisions of the Vinson, Warren, and Burger courts, as well as the first six terms of the Rehnquist Court--a span of forty-seven years (1946-1992)--that formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases.
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Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why US Supreme Court justices have chosen to alter precedent. This book fills that gap by analyzing those decisions of the Vinson, Warren, and Burgers courts, and the first six terms of the Rehnquist Court.
Saul Brenner is a Professor of Political Science at UNC Charlotte. He has published extensively regarding fluidity in voting on the Supreme Court, strategic voting at the cert vote, and majority opinion assignment. In 2007 he was awarded the Lifetime Achievement Award by the Law and Courts Section of the American Political Science Association.
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