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How can a higher court overturn an earlier precedent?

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King Henry II and St. Thomas Becket — Common law Henry II (left) disputing with Thomas Becket (center), miniature from a 14th-century manuscript; in the British Library (Cotton MS. Claudius D.ii).

In the common law system, the principle of stare decisis—meaning "let the decision stand"—generally requires courts to follow established precedents to ensure consistency and predictability in the law.12

However, this principle is not absolute. Higher courts, particularly the Supreme Court of the United States, possess the authority to review and overturn earlier precedents. While common-law appellate courts typically reverse lower court rulings only when they identify a "harmful error"—a mistake of law or a clearly erroneous finding of fact that likely affected the judgment—they may also determine that a previous decision is no longer applicable or legally sound.23

In practice, courts may also distinguish a current case from a past one by deciding that the facts or issues are sufficiently different, thereby avoiding the application of a precedent without formally overturning it. This balance between adherence to established law and the flexibility to correct errors is essential to maintaining a fair and evolving legal system.13