In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

[Q]: we disapprove the statements in the opinion on rehearing in day that implied the contrary, and (like the author of those statements) we disapprove the decisions that have held the contrary.
[A]: overruling


[Q]: because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.
[A]: non-overruling


[Q]: moreover, insofar as they suggest that a party seeking a modification of a custody order must prove an overwhelming necessity for the change in custody, we hereby overrule ex parte martin and ex parte peppers.
[A]:
overruling