By what margin did the Supreme Court explicitly overrule Baker v. Nelson in 2016?
Baker v. Nelson Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971) is a case in which the Minnesota Supreme Court ruled that a state law limiting marriage to persons of the opposite sex did not violate the U.S. Constitution. Baker appealed, and on October 10, 1972, the United States Supreme Court dismissed the appeal "for want of a substantial federal question." Because the case came to the U.S. Supreme Court through mandatory appellate review (not "certiorari"), the dismissal constituted a decision on the merits and established "Baker v. Nelson" as precedent, though the extent of its precedential effect had been subject to debate. In May 2013, Minnesota legalized same-sex marriage and it took effect on August 1, 2013. Subsequently, on June 26, 2015, the U.S. Supreme Court explicitly overruled "Baker" in "Obergefell v. Hodges" making same-sex marriage legal nationwide.
Musacchio v. United States Musacchio v. United States, 577 U.S. ___ (2016) was a case in which the Supreme Court of the United States clarified procedures for appellate review when the government does not object to an erroneous jury instruction that adds elements to a criminal offense as well as whether a defendant may raise a statute of limitations defense for the first time on appeal. In a unanimous opinion written by Justice Clarence Thomas, the Court held that when reviewing a claim that the government failed to demonstrate sufficient evidence to substantiate a criminal offense, an appellate court should assess the elements of the alleged crime, rather than the elements that were described in jury instructions. Justice Thomas explained that "[a] reviewing court’s limited determination on sufficiency review ... does not rest on how the jury was instructed." Additionally, with respect to the statute of limitations issue, Justice Thomas held that a statute of limitations defense cannot be raised for the first time on appeal.