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To: TigersEye

Check Brown vs. Board of Education as a “for instance”.


85 posted on 07/10/2018 12:02:56 PM PDT by skimbell
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To: skimbell

That wasn’t the court reviewing one of its old decisions. It came about as the result of a class action lawsuit that worked its way up through the lower courts. It did negate Plessy v. Ferguson but it wasn’t brought to the court as a direct challenge to that previous decision.

There is nothing in Brown vs. Board of Education that states that Plessy v. Ferguson is “overturned” nor is there any mechanism for a court decision to do that. It would more accurate to say that the more recent decision ‘overrides’ the previous one.


90 posted on 07/10/2018 12:43:57 PM PDT by TigersEye (This is the age of the death of reason.)
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