The Undergraduate Law Review at UC San Diego

This thesis explores the factors that influence the US Supreme Court’s decisions to overturn precedent. I argue that the Court is more likely to depart from precedent in cases relating to the right to privacy due to the dynamic nature of privacy rights and their inherent connection to rapidly evolving technology and societal values. As society grapples with digital surveillance, data collection, and personal freedoms, the question of how the Supreme Court navigates past precedents in the face of new realities becomes increasingly relevant. I find that privacy precedents are more likely to be altered than other subject matter. This research contributes to a deeper understanding of the common law system’s adaptability in the face of contemporary challenges by examining the Court’s decisions to overturn precedents based on subject matter.