CaseTrail

Retroactivity of new rights: Supreme Court decisions

Every U.S. Supreme Court decision from the 1946 through 2025 Terms that the Supreme Court Database classifies under the issue “Retroactivity of new rights,” part of the Criminal Procedure area.

53decisions
53%favorable to the petitioner
21%unanimous
2altered precedent or struck a law

Decisions by decade

1960s17
1970s16
1980s7
1990s2
2000s5
2010s4
2020s2

Most majority opinions

Legal provisions most often involved

Retroactive application of a constitutional right26
Sixth Amendment (right to counsel)3
Exclusionary rule (Fourth Amendment)3
Federal Rules of Criminal Procedure2
Fourth Amendment2
Sixth Amendment (right to confront and cross-examine, compulsory process)2
Article I, Section 9, Paragraph 2 (suspension of the writ of habeas corpus)1
Fifth Amendment (due process)1

All 53 decisions, newest first

Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error