Supreme Courte Decisions and The Law

Whether you agree with SCOTUS decisions or not, they are the law. The Supreme Court has the final say in the federal court system. While their decisions are irrevocable, they're not necessarily permanent. Under the Constitution, there are ways to overrule a Supreme Court decision.

1. Congressional Statute

If the Supreme Court has struck down all or part of a federal statute, Congress can go back and adjust the statute to their liking. This is often used to supplement or augment Court decisions. For example, the Supreme Court decided in the 2000 case FDA v. Brown & Williamson Tobacco Corp that the FDA didn't have the authority to regulate tobacco. Congress changed that with the Family Smoking Prevention and Tobacco Control Act of 2009.

Until a case concerning this federal statute comes before the Supreme Court, Congress has the final say.

2. Constitutional Amendment

The Supreme Court has the final word on the meaning of the Constitution. But there is a process of amending the Constitution. Article Five of the Constitution lays out the specific process. Amendments can be proposed by Congress, with two-thirds approval in both the House and the Senate. States can also propose them with a two-thirds majority, and the holding of a convention for proposing the amendments. Once proposed, the amendment must be ratified by a three-fourths majority of the states. The voting to ratify or reject the proposed amendment can take place in state legislatures or state conventions.

Since the adoption of the Bill of Rights, 17 amendments have been ratified. One principle example of a Constitutional amendment overturning a Supreme Court case is the Sixteenth Amendment.

In Pollock v. Farmers' Loan and Trust Company, the Supreme Court declared a progressive federal income tax unconstitutional. In 1913, the Sixteenth Amendment was ratified — completely negating this decision.

3. Of course the Supreme Court can change their mind. 

This has proven to be the most unlikely path taken.

So, there you have it. Congress has the power to make law to suit their agenda regardless of Supreme Court rulings! However, this seldom is done. Why? Lull the American people into accepting Judicial Actions as "uncontestable law" and not endure political risks!