Quite often, actually. Perhaps Michael Chertoff (the real one!), having been a Federal Circuit Court of Appeals judge, has some familiarity with appeals! If the lower courts were always right, you wouldn't need appeals courts! Of course, this Gilmore decision was made by an appeals court, but the same principle applies: the Supreme Court reviews Appeals Court decisions and does overturn them quite often (necessarily so when two circuit courts disagree!).

Bruce