>> is it your argument that a case can never be overruled simply because it was wrong? >> i think that at the very least the state would have to come forward with some kind of materially changed circumstance or some kind of new argument and mississippi hasn't done so. >> suppose plessy was argued and nothing changed. you could say it was a wrong decision on the day it was handed down and now overreeled. >> it was very wrong on the day it was handed down but what the court said in analyzing that to brown and casey was that what had become clear is that the factual premise that underlay the decision. -- >> is it your answer that we need all the experience from