Media Claims About Supreme Court Overturning Precedent Are False Based on Statistical Evidence
Source: Shawn Fleetwood. "New Study Dismantles This Phony Media Attack-Line Against SCOTUS." April 9, 2026. thefederalist.com
The Gist
The author argues that news media are lying when they claim the current conservative Supreme Court overturns too many past decisions. A new study shows this court actually overturns fewer precedents than previous courts did, proving the media attacks are false.
Conclusion
Media attacks claiming the conservative Supreme Court overturns precedent at an alarming rate are dishonest and factually incorrect
Premises
- A Pew Research study found that only 1.4% of Supreme Court rulings (21 of 1,471) overturned precedent during the Roberts Court era (2005-2025)
- This 1.4% rate is actually lower than previous Supreme Court eras: 2% during Rehnquist era (1985-2005) and 2.1% during Burger/Warren era (1965-1984)
- Since the Supreme Court's founding in 1789, fewer than 1% of all rulings have overturned earlier decisions
- Media outlets have published headlines and articles claiming the current court shows 'staggering deviation from precedent' and 'defies precedents'
- Even if the court were overturning more precedent, this would be justified if the new rulings accord with the Constitution
- Justice Clarence Thomas has stated that precedent should be respected only when it aligns with the Constitution and legal tradition
Assumptions
- Statistical data from Pew Research accurately represents Supreme Court precedent-overturning behavior
- Lower rates of precedent overturning indicate more appropriate judicial behavior
- Constitutional fidelity should take precedence over maintaining precedent
- Media coverage of the Supreme Court is motivated by political bias rather than factual reporting
- Previous liberal precedents like Roe v. Wade were constitutionally flawed