Appendix to opinion of Breyer, Sotomayor and Kagan, JJ.
scrutiny under the Fourteenth Amendment’s Equal Protection Clause, including because Reed v. Reed, 404 U. S. 71 (1971), and other equal protection cases and social changes had overtaken any "inconsistent" suggestion in Goesaert v. Cleary, 335 U. S. 464 (1948)); Taylor v. Louisiana, 419 U. S. 522, 535–537 (1975) (recognizing as "a foregone conclusion from the pattern of some of the Court's cases over the past 30 years, as well as from legislative developments at both federal and state levels," that women could not be excluded from jury service, and explaining that the prior decision approving such practice, Hoyt v. Florida, 368 U. S. 57 (1961), had been rendered inconsistent with equal protection jurisprudence).
Other overrulings occurred very close in time to the original decision so did not engender substantial reliance and could not be described as having been "embedded" as "part of our national culture." Dickerson v. United States, 530 U. S. 428, 443 (2000); see Payne v. Tennessee, 501 U. S. 808 (1991) (revising procedural rules of evidence that had barred admission of certain victim-impact evidence during the penalty phase of capital cases, and overruling South Carolina v. Gathers, 490 U. S. 805 (1989), and Booth v. Maryland, 482 U. S. 496 (1987), which had been decided two and four years prior, respectively); Seminole Tribe of Fla. v. Florida, 517 U. S. 44 (1996) (holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co., 491 U. S. 1 (1989), seven years later; the decision in Union Gas never garnered a majority); Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528, 531 (1985) (holding that local governments are not constitutionally immune from federal employment laws, and overruling National League of Cities v. Usery, 426 U. S. 833 (1976), after "eight years" of experience under that regime showed Usery's standard was unworkable and, in practice, undermined the federalism principles the decision sought
