Bosse v. Oklahoma, 580 U.S. 1 (2016). · Go Syfert
Bosse v. Oklahoma, 580 U.S. 1 (2016). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2023–2025 · 2 courts · …prerogative alone to overrule one of its precedents. ✓
216 citation events (216 in the last 25 years) across 56 distinct courts.
Strongest positive: Nathan v. Alamo Heights ISD (ca5, 2026-04-21)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nathan v. Alamo Heights ISD (2×) also: Cited as authority (rule)
5th Cir. · 2026 · quote attribution · 1 verbatim quote · confidence high
the only court that can overturn a supreme court precedent is the supreme court itself.
examined Cited as authority (verbatim quote) Jusino v. Fed'n of Cath. Tchrs., Inc.
2d Cir. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is the supreme court's prerogative alone to overrule one of its precedents . . . . its decisions remain binding precedent until it sees fit to 16 reconsider them, regardless of whether its subsequent cases have raised doubts about their continuing vitality.
examined Cited as authority (verbatim quote) Picard v. Magliano
2d Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is this court's prerogative alone to overrule one of its precedents. . . . our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing vitality.
discussed Cited as authority (verbatim quote) Com. v. Forman, C.
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
it is this court's prerogative alone to overrule one of its precedents.
discussed Cited as authority (verbatim quote) BBX Capital v. Federal Deposit Insurance Corp.
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
it is the supreme court's prerogative alone to overrule one of its precedents.
discussed Cited as authority (verbatim quote) Com. v. Bell, S.
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
it is this court's prerogative alone to overrule one of its precedents.
discussed Cited as authority (verbatim quote) (PC) Garraway v. Ciufo
E.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
our decisions remain binding precedent until we see fit to reconsider 19 them, regardless of whether subsequent cases have raised doubts about their continuing vitality.
discussed Cited as authority (verbatim quote) United States v. Pierre Washington
6th Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing vitality.
discussed Cited as authority (quoted) (PC) Brown v. Matevousian
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about their 6 continuing vitality.
examined Cited as authority (quoted) Memphis Center for Reproductive Health v. Slatery (2×)
M.D. Tenn. · 2020 · signal: see · quote attribution · 2 verbatim quotes · confidence high
it is this court's prerogative alone to overrule one of its precedents.
examined Cited as authority (quoted) Almondnet, Inc. v. Yahoo! Inc. (2×)
E.D.N.Y · 2018 · quote attribution · 2 verbatim quotes · confidence low
our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing validity.
cited Cited as authority (rule) Muscogee (Creek) Nation v. City of Henryetta, Oklahoma
E.D. Okla. · 2026 · confidence medium
See Agostini v. Felton, 521 U.S. 203, 237 (1997); Bosse v. Oklahoma, 580 U.S. 1, 3 (2016).
discussed Cited as authority (rule) In Re: DeSoto County, Mississippi
5th Cir. · 2026 · confidence medium
Thus, while lower courts must follow the Supreme Court’s interpretations of federal law (including its eventual decision in Callais), see, e.g., Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (per curiam), they remain fully competent to decide questions of federal law in the meantime—even when related issues are pending before the Court.
cited Cited as authority (rule) Muscogee (Creek) Nation v. City of Henryetta, Oklahoma
E.D. Okla. · 2025 · confidence medium
Agostini v. Felton, 521 U.S.|203, 237 (1997); Bosse v. Oklahoma, 580 U.S. 1, 3 (2016).
discussed Cited as authority (rule) Urban Sustainability Directors Network v. United States Department of Agriculture
D.D.C. · 2025 · confidence medium
The stay order is not a ruling on the merits, but instead simply stays the District Court's injunction pending a ruling on the merits.”); Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (per curiam) (“[I]t is [the Supreme] Court’s prerogative alone to overrule one of its precedents.” (first alteration in original) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001))).
cited Cited as authority (rule) People v. Dunn
Cal. · 2025 · confidence medium
(Bosse, supra, 580 U.S. at p. 2, italics omitted.) The high court 86 PEOPLE v. DUNN Opinion of the Court by Corrigan, J. disagreed with this characterization of its holding.
discussed Cited as authority (rule) Louisiana Delta Service Corps v. Corporation for National and Community Service
M.D. La. · 2025 · confidence medium
Dep’t of Educ., 145 S. Ct. 966 . “‘[I]t is [the Supreme] Court’s prerogative alone to overrule one of its precedents.’” Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (per curiam) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)).
discussed Cited as authority (rule) NLRB v. Allservice Plumbing
5th Cir. · 2025 · confidence medium
Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)). 26 Case: 22-60514 Document: 134-1 Page: 27 Date Filed: 05/23/2025 No. 22-60514 c/w No. 23-60293 exceptions to the Board.
discussed Cited as authority (rule) Andrew Fields, III v. Federal Bureau of Prisons
4th Cir. · 2024 · confidence medium
Supreme Court’s decisions “remain binding precedent until [the Supreme Court] see[s] fit to reconsider them, regardless of whether subsequent cases have raised doubts about their vitality,” Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (internal quotation omitted), so we are bound by this ruling. 4 Contrary to the dissent’s assertion, see Dissent Op. at 24–25, we do not take Congress’s decision not to overrule Carlson as a green light for implying new Bivens causes of action in the prison context.
discussed Cited as authority (rule) Consum Research v. Consum Prod Sfty
5th Cir. · 2024 · confidence medium
Seila Law referred a few times to “a traditional independent agency, run [or “headed”] by a multimember board.”92 These references were neither approving nor condemning.93 In making them, the Court expressly “d[id] not revisit Humphrey’s Executor or any other precedent.”94 Instead, the Court 88 Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (quoting Hohn v. United States, 524 U.S. 236 , 252–253 (1998)). 89 Mallory v. Norfolk S. Ry.
discussed Cited as authority (rule) United States v. Everett Maynard
4th Cir. · 2024 · confidence medium
Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (per curiam) (explaining that Supreme Court decisions “remain binding precedent . . . regardless of whether subsequent cases have raised doubts about their continuing vitality” (cleaned up)).
discussed Cited as authority (rule) Lathon v. Meisner
E.D. Wis. · 2023 · confidence medium
Petitioner writes that Supreme Court “decisions remain binding precedent until [the Court] see[s] fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing vitality.” Id. (quoting Bosse v. Oklahoma, 580 U.S. 1, 3 (2016)).
cited Cited as authority (rule) ROTH v. STATE
Okla. Crim. App. · 2021 · confidence medium
It is the Supreme Court's "prerogative alone to overrule one of its precedents[,]" Bosse v. Oklahoma , 137 S. Ct. 1, 2 (2016), not ours.
cited Cited as authority (rule) Miguel Luna Perez v. Sturgis Pub. Schs.
6th Cir. · 2021 · confidence medium
Page 25 “It is [the Supreme] Court’s prerogative alone to overrule one of its precedents.” Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)).
cited Cited as authority (rule) Preterm-Cleveland v. Stephanie McCloud
6th Cir. · 2021 · confidence medium
And it is the Supreme Court’s “prerogative alone to overrule one of its precedents.” Bosse v. Oklahoma, — U.S. —, 137 S. Ct. 1, 2 (2016) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)).
cited Cited as authority (rule) Preterm-Cleveland v. Stephanie McCloud
6th Cir. · 2021 · confidence medium
And it is the Supreme Court’s “prerogative alone to overrule one of its precedents.” Bosse v. Oklahoma, — U.S. —, 137 S. Ct. 1, 2 (2016) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)).
discussed Cited as authority (rule) Charles T. Johnson v. NPAS Solutions, LLC
11th Cir. · 2020 · signal: cf. · confidence medium
Cf. Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (“Our decisions remain binding precedent until we see fit to reconsider them, regardless 11 It is perhaps unsurprising that inertia has taken over, because challenges to incentive awards are so few and far between.
discussed Cited as authority (rule) Commonwealth v. McClelland, D., Aplt.
Pa. · 2020 · confidence medium
Appellant acknowledges the language of the rule may be ambiguous, see id. at 16, citing Ricker II, 170 A.3d at 506 (Saylor, C.J., concurring) (“the applicable rules are not models of clarity”), but submits that “a lower court has no authority to overrule a decision of a higher court based on its interpretation of a subsequent ambiguous statement by the higher court.” Id., citing Bosse v. Oklahoma, __ U.S. __, 137 S.Ct. 1, 2 (2016) (per curiam) (“Our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about …
cited Cited as authority (rule) Jaroslawicz v. M&T Bank Corp
3rd Cir. · 2020 · confidence medium
Reconsideration of that interpretation is beyond our role, Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016), even if perhaps not beyond the horizon.
cited Cited as authority (rule) Jaroslawicz v. M&T Bank Corp
3rd Cir. · 2020 · confidence medium
Reconsideration of that interpretation is beyond our role, Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016), even if perhaps not beyond the horizon.
discussed Cited as authority (rule) Aptive Environmental v. Town of Castle Rock
10th Cir. · 2020 · confidence medium
We are sensitive to the fact that it is the Supreme Court’s “prerogative alone to overrule one of its precedents,” Bosse v. Oklahoma, --- U.S. ----, 137 S. Ct. 1, 2 (2016) (per curiam) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)).
cited Cited as authority (rule) Lewis Fogle v. John Sokol
3rd Cir. · 2020 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016).
cited Cited as authority (rule) Lewis Fogle v. John Sokol
3rd Cir. · 2020 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016).
cited Cited as authority (rule) Roman-Oliver v. Joyner
E.D. Ky. · 2019 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016).
cited Cited as authority (rule) Harris v. Sharp
10th Cir. · 2019 · confidence medium
Bosse v. Oklahoma, 580 U.S. ___ , 137 S. Ct. 1, 2 (2016) (per curiam).
discussed Cited as authority (rule) Faisal Nabin Kashem v. William Barr
9th Cir. · 2019 · confidence medium
In approaching this question, moreover, we are mindful of the Supreme Court’s repeated admonitions that it is that Court’s “prerogative alone to overrule one of its precedents.” Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (per curiam) (quoting United States v. Hatter, 532 U.S. 557, 567 (2001)); see Hohn v. United States, 524 U.S. 236 , 252–53 (1998) (“Our decisions remain binding precedent until we see fit to 30 KASHEM V.
cited Cited as authority (rule) Berny Serrano v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016). 4 cognizable for the first time on appeal as fundamental error.
cited Cited as authority (rule) Rocio Martinez-De Ryan v. Matthew Whitaker
9th Cir. · 2018 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (per curiam).
discussed Cited as authority (rule) United States v. Laron Carter
9th Cir. · 2018 · confidence medium
We thus remain bound by Craig until the Supreme Court “see[s] fit to reconsider [it], regardless of whether subsequent cases have raised doubts about [its] continuing vitality.” Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (per curiam) (citation omitted). 12 UNITED STATES V.
discussed Cited as authority (rule) 1A Auto, Inc. v. Director of the Office of Campaign and Political Finance
Mass. · 2018 · confidence medium
Supreme Court "decisions remain binding precedent until [that court] see[s] fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing vitality." Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016), quoting Hohn v. United States, 524 U.S. 236, 252-253 (1998).
cited Cited as authority (rule) Rocio Martinez-De Ryan v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
Bosse v. Oklahoma, 137 S. Ct. 1, 2 (2016) (per curiam).
discussed Cited as authority (rule) King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, and Diane Josephs v. Texas Democratic Party Gilberto Hinojosa, Successor to Boyd Richie, in His Capacity as Chairman of the Texas Democratic Party John Warren, in His Capacity as Democratic Nominee for Dallas County Clerk And Ann Bennett, in Her Capacity as the Democratic
Tex. · 2017 · confidence medium
Applying Beaumont, we conclude sections 253.091 and 253.094 of the Texas Election Code are not unconstitutional. 66 See, e.g., Minn. Citizens Concerned for Life, Inc. v. Swanson, 692 F.3d 864 , 879 n.12 (8th Cir. 2012) (noting that “Citizens United’s outright rejection of the government’s antidistortion rationale . . . casts doubt on Beaumont, leaving its precedential value on shaky ground,” but following Beaumont as controlling precedent). 67 See Beaumont, 539 U.S. at 149 . 68 Bosse v. Oklahoma, 137 S. Ct. 1 , 2 (2016). 69 See Owens Corning v. Carter, 997 S.W .2d 560, 571 (Tex. 1999).…
discussed Cited as authority (rule) BOSSE v. STATE (2×)
Okla. Crim. App. · 2017 · confidence medium
In Bosse v. Oklahoma , 580 U.S. ___, 137 S.Ct. 1, 2, 196 L.Ed.2d 1 (2016), the United States Supreme Court held that this Court had erred when it concluded that Payne v. Tennessee , 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) had overruled Booth v. Maryland , 482 U.S. 496, 107 S.Ct. 2529, 96 L.Ed.2d 440 (1987) in its entirety.
discussed Cited as authority (rule) Pueblo v. Casellas Torres
prsupreme · 2017 · confidence medium
Bosse v. Oklahoma, 137 S.Ct. 1, 2 (2016) (citando a Hohn v. U.S., 524 US 236, 252-253 (1998)) (donde el máximo foro federal revocó a una corte estatal precisamente por interpretar que una norma había sido revocada implícitamente), «rp^g inqUiry ¿toes not turn, as the term ‘sovereignty’ sometimes suggests, on the degree to which the second entity is autonomous from the first or sets its own political course.
discussed Cited "see" Ellison v. Shinn
D. Ariz. · 2024 · signal: see · confidence high
See generally Bosse v. Oklahoma, 580 U.S. 1 , 2 27 (2016) (“In [Booth], this Court held that the Eighth Amendment prohibits a capital 28 sentencing jury from considering victim impact evidence that does not relate directly to the - 119 - Case 3:16-cv-08303-DWL Document 71 Filed 03/05/24 Page 120 of 208 1 circumstances of the crime.
discussed Cited "see" Phillip Truesdell v. Eric Friedlander (2×)
6th Cir. · 2023 · signal: see · confidence high
See Bosse v. Oklahoma, 580 U.S. 1, 3 (2016) (per curiam); State Oil Co. v. Khan, 522 U.S. 3, 20 (1997); Hohn v. United States, 524 U.S. 236 , 252–53 (1998); Agostini v. Felton, 521 U.S. 203 , 237–38 (1997); Rodriguez de Quijas v. Shearson/Am.
discussed Cited "see" ARCE v. STATE
Okla. Crim. App. · 2023 · signal: see · confidence high
See Young v. State , 2000 OK CR 17 12 P.3d 20 See also Conover v. State, 1997 OK CR 6 933 P.2d 904 Bosse v. Oklahoma, 580 U.S. 1 (2016)) (approving instructions on aiding and abetting in a murder prosecution stating that the defendant could be found guilty as a perpetrator if the State showed that his conduct caused the victim's death and that he intended to take the victim's life; and if the jury found that the evidence showed that the defendant did not himself commit the murder, the jury was properly instructed that they could find him guilty if the State proved that he aided and abetted the…
discussed Cited "see" ARCE v. STATE
Okla. Crim. App. · 2023 · signal: see · confidence high
See Young v. State , 2000 OK CR 17 12 P.3d 20 See also Conover v. State, 1997 OK CR 6 933 P.2d 904 Bosse v. Oklahoma, 580 U.S. 1 (2016)) (approving instructions on aiding and abetting in a murder prosecution stating that the defendant could be found guilty as a perpetrator if the State showed that his conduct caused the victim's death and that he intended to take the victim's life; and if the jury found that the evidence showed that the defendant did not himself commit the murder, the jury was properly instructed that they could find him guilty if the State proved that he aided and abetted the…
cited Cited "see" John Kluge v. Brownsburg Community School Co
7th Cir. · 2023 · signal: see · confidence high
See Bosse v. Ok- lahoma, 580 U.S. 1, 3 (2016).
discussed Cited "see" OLIVER v. STATE
Okla. Crim. App. · 2022 · signal: see · confidence high
See Bosse v. State , 2015 OK CR 14 360 P.3d 1203 judgment vacated on other grounds in Bosse v. Oklahoma, 137 S. Ct. 1 (2016) (the prosecutor properly argued to the jury that the appellant's alibi was unsupported by the evidence and no burden shifting occurred).
Retrieving the full opinion text from the archive…
Shaun Michael BOSSE
v.
OKLAHOMA.
15–9173..
Supreme Court of the United States.
Oct 11, 2016.
580 U.S. 1
2016 U.S. LEXIS 6030
2016 WL 5888333
PER CURIAM.

In Booth v. Maryland, 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987), this Court held that "the Eighth Amendment prohibits a capital sentencing jury from considering victim impact evidence" that does not "relate directly to the circumstances of the crime." Id., at 501-502, 507, n. 10 , 107 S.Ct. 2529 . Four years later, in Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991), the Court granted certiorari to reconsider that ban on " 'victim impact' evidence relating to the personal characteristics of the victim and the emotional impact of the crimes on the victim's family." Id., at 817 , 111 S.Ct. 2597 . The Court held that Booth was wrong to conclude that the Eighth Amendment required such a ban. Payne, 501 U.S. at 827 , 111 S.Ct. 2597 . That holding was expressly "limited to" this particular type of victim impact testimony. Id., at 830, n. 2 , 111 S.Ct. 2597 . " Booth also held that the admission of a victim's family members' characterizations and opinions about the crime, the defendant, and the appropriate sentence violates the Eighth Amendment," but no such evidence was presented in Payne, so the Court had no occasion to reconsider that aspect of the decision. Ibid.

The Oklahoma Court of Criminal Appeals has held that Payne " implicitly overruled that portion of Booth regarding characterizations of the defendant and opinions of the sentence." Conover v. State, 933 P.2d 904 , 920 (1997) (emphasis added); see also Ledbetter v. State, 933 P.2d 880 , 890-891 (Okla.Crim.App.1997). The decision below presents a straightforward application of that interpretation of Payne . A jury convicted petitioner Shaun Michael Bosse of three counts of first-degree murder for the 2010 killing of Katrina Griffin and her two children. The State of Oklahoma sought the death penalty. Over Bosse's objection, the State asked three of the victims' relatives to recommend a sentence to the jury. All three recommended death, and the jury agreed. Bosse appealed, arguing that this testimony about the appropriate sentence violated the Eighth Amendment under Booth . The Oklahoma Court of Criminal Appeals affirmed his sentence, concluding that there was "no error." 2015 OK CR 14 , ¶¶ 57-58, 360 P.3d 1203 , 1226-1227. We grant certiorari and the motion for leave to proceed in forma pauperis, and now vacate the judgment of the Oklahoma Court of Criminal Appeals.

"[I]t is this Court's prerogative alone to overrule one of its precedents." United States v. Hatter, 532 U.S. 557 , 567, 121 S.Ct. 1782 , 149 L.Ed.2d 820 (2001) (quoting State Oil Co. v. Khan, 522 U.S. 3 , 20, 118 S.Ct. 275 , 139 L.Ed.2d 199 (1997) ; internal quotation marks omitted); see Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U.S. 477 , 484, 109 S.Ct. 1917 , 104 L.Ed.2d 526 (1989). The Oklahoma Court of Criminal Appeals has recognized that Payne "specifically acknowledged its holding did not affect" Booth 's prohibition on opinions about the crime, the defendant, and the appropriate punishment. Ledbetter, 933 P.2d at 890-891 . That should have ended its inquiry into whether the Eighth Amendment bars such testimony; the court was wrong to go further and conclude that Payne implicitly overruled Booth in its entirety. "Our decisions remain binding precedent until we see fit to reconsider them, regardless of whether subsequent cases have raised doubts about their continuing vitality." Hohn v. United States, 524 U.S. 236 , 252-253, 118 S.Ct. 1969 , 141 L.Ed.2d 242 (1998).

The Oklahoma Court of Criminal Appeals remains bound by Booth 's prohibition on characterizations and opinions from a victim's family members about the crime, the defendant, and the appropriate sentence unless this Court reconsiders that ban. The state court erred in concluding otherwise.

The State argued in opposing certiorari that, even if the Oklahoma Court of Criminal Appeals was wrong in its victim impact ruling, that error did not affect the jury's sentencing determination, and the defendant's rights were in any event protected by the mandatory sentencing review in capital cases required under Oklahoma law. See Brief in Opposition 14-15. Those contentions may be addressed on remand to the extent the court below deems appropriate.

The judgment of the Oklahoma Court of Criminal Appeals is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

Justice THOMAS, with whom Justice ALITO joins, concurring.

We held in Booth v. Maryland, 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987), that the Eighth Amendment prohibits a court from admitting the opinions of the victim's family members about the appropriate sentence in a capital case. The Court today correctly observes that our decision in Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991), did not expressly overrule this aspect of Booth . Because "it is this Court's prerogative alone to overrule one of its precedents," State Oil Co. v. Khan, 522 U.S. 3 , 20, 118 S.Ct. 275 , 139 L.Ed.2d 199 (1997), the Oklahoma Court of Criminal Appeals erred in holding that Payne invalidated Booth in its entirety. In vacating the decision below, this Court says nothing about whether Booth was correctly decided or whether Payne swept away its analytical foundations. I join the Court's opinion with this understanding.