In particular, Necessary and Proper as it relates to the taxing power, which the challenged statute relied upon, having been passed decades before the scope of Commerce Clause powers began their expansion, let alone Wickard v. Filburn.
replyHow does the supreme court revisit precedents if the circuit court doesn't readdress the issue?
replyThe party that wants the precedent reversed loses in the lower court (because the lower court is bound by current Supreme Court precedent) and appeals to the Supreme Court. The canonical historical example is Brown v. Board of Education, which was appealed to the Supreme Court explicitly to ask them to reverse Plessy v. Ferguson, which lower courts had relied on as precedent.
replySomebody has to bring a new case that presents a novel legal theory/presentation that isn't clearly addressed by the ruling that forms the precedent.
replyAdditionally, one can argue that the state of the world has changed enough that assumptions made by the USC at the time of precedence require reversal.
replyonly in a new case ....
replyThe court is stacked with so called originalists - history stopped in the eighteenth century.
replyidk, they wouldn't have given the president nearly absolute immunity back then..
replyYes, they are insincere "originalists". This is known.
reply> Circuit courts may not overrule Supreme Court precedent.
replyThat's a Supreme Court opinion that only applies if the new case reaches their docket and gets reaffirmed.