The 1968 decision in Albrecht v. Herald Co. held that wholesalers could not require franchisees and retailers of their products to sell items at a certain price.

[3] Khan won his case in the United States Court of Appeals in Chicago, presided over by Judge Richard Posner.

[4] Posner, however, mocked the Supreme Court's 1968 ruling on the matter in his decision, calling it "unsound when decided," "moth-eaten," and "increasingly wobbly" in application.

[3] Justice Sandra Day O'Connor wrote the unanimous opinion for the Court, overturning the previous case.

She noted Posner was correct to rule for stare decisis, writing "it is this Court’s prerogative alone to overrule one of its precedents.