Johnson remains binding law while other discredited canonical cases were overruled

Evidence

Given current understandings surrounding Indigenous law, and the role of Native Americans in America, the outcome of the case has come to be viewed with disapproval in law school. Johnson has joined Dred Scott v. Sandford and a few others to form a small canon (or maybe an anti-canon) of famous cases law students are taught to criticize. … Johnson, though, might be the only member of this anticanon that remains the law, and that is still cited as authority by lower courts several times a year. — Wikipedia contributors, Johnson v. McIntosh, 18

Categorization

  • QUESTION: How does a case taught as an embarrassment survive as live authority — what institutional forces keep it on the books?
  • SEED: Angle: ‘The Anti-Canon That Still Binds’ — why law schools teach students to condemn a case that courts keep citing.