Is It Possible to Overrule a Prior Decisions of a Supreme Court ?
In North Florida Women's Health & Counseling Services, Inc. v. State, 866 So. 2d 612, 637 (Fla. 2003), the Supreme Court of Florida explained when circumstances require that we recede from precedent:
Before overruling a prior decision of this Court, we traditionally have asked several questions, including the following:
(1) Has the prior decision proved unworkable due to reliance on an impractical legal "fiction"?
(2) Can the rule of law announced in the decision be reversed without serious injustice to those who have relied on it and without serious disruption in the stability of the law?
(3) have the factual premises underlying the decision changed so drastically as to leave the decision's central holding utterly without legal justification? See also Valdes v. State, 3 So. 3d 1067, 1077 (Fla. 2009) (same).
The court conclude that none of the developments relied on by the State are sufficient to overcome the presumption in favor of adhering to our precedent.