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L.A.
New Orleans Saints Fan
Los Angeles
Member since Aug 2003
50793 posts

Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
He's right, you know. If the SCOTUS didn't do this Dred Scott would never have been overturned.

This is handwringing over a potential reversal of Roe v Wade.

quote:

Thomas said the nine justices should not uphold precedents that are "demonstrably erroneous," regardless of whether other factors supported letting them stand.

"When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it," wrote Thomas, who has long expressed a greater willingness than his colleagues to overrule precedents.

"Thomas says legal questions have objectively correct answers, and judges should find them regardless of whether their colleagues or predecessors found different answers," said Jonathan Entin, a law professor at Case Western Reserve University in Cleveland.

msn
This post was edited on 6/17 at 10:01 pm


keakar
Member since Jan 2017
10560 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
the REEEEEEEEEEE will be off the charts over this


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ShortyRob
LSU Fan
Member since Oct 2008
68688 posts
 Online 

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
It will be funny to watch a bunch of people that 100% agree with Thomas on this lose their minds that he said it anyway.


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202
TSLG
New Orleans Saints Fan
Member since Mar 2014
3260 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

"When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it,"


Eta: I posted without making the comment.

To our constitutionalists: how much power would the feds lose if the commerce clause is severely weakened?

On a scale, how much power tips back to the states?

This post was edited on 6/17 at 11:37 pm


TBoy
Notre Dame Fan
Kalamazoo
Member since Dec 2007
11902 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
That’s always been the case, but the task has also always been to get it right the first time, or close enough to right that they can work with it. The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon.


ChineseBandit58
LSU Fan
west of the pines
Member since Aug 2005
28920 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

the task has also always been to get it right the first time,


They got it wrong the first time - demonstrably wrong - they made up a constitutional 'right' out of whole cloth. Because they yielded to political ideology rather than constitutional process. The constitution put that sort of decision in the hands of the Congress - not in the hands of 9 people.

quote:

close enough to right that they can work with it


They got it so wrong that it could not be 'worked with' - it could only be misused to produce even more pernicious maljustice. It was used as a lever to 'validate' infanticide - that is how WRONG they got it the first time - and any sane person with an ounce of integrity or intelligence got it right the first time - but were overruled by the radical elements on the SCOTUS -

the correct answer was - and always will be - Pass an AMENDMENT to the constitution if you want to carve our shite like this as FOREVER LEGAL.

quote:

The reason this is provocative is that
the radical ideology that produced this abortion of a judgement immediately began using it in direct opposition to its 'moral underpinning' of 'legal, safe, and rare' - especially the RARE part. They used it to wantonly murder millions of innocent babies - for the CONVENIENCE of the 'mothers,'

quote:

no one trusts Thomas. He’s a terrible justice who is also a loon.


One of the finest minds on the court. only souless radial ideologues don't like him - the same ones who piss on the constitution daily - the same ones who misuse the constitution as a weapon rathe then a shield.

That would be you = anti-American to the core


Darth_Vader
Auburn Fan
Probably at my model desk
Member since Dec 2011
44043 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

Tboy


Bandit just drug his nuts over your face and made you his prison wife.


Wednesday
LSU Fan
Member since Aug 2017
2947 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
I hope his last act before retirement is to write the opinion that explains exactly why Roe v. Wade is erroneous.



Wtodd
Missouri Fan
Tampa, FL
Member since Oct 2013
44305 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
I'm not convinced Thomas was hinting about Roe; gotta believe it's something else.


TaderSalad
LSU Fan
mudbug territory
Member since Jul 2014
15062 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

Bandit just drug his nuts over your face and made you his prison wife.



LowTBoy probably likes the thought of this


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kingbob
LSU Fan
Sorrento, LA
Member since Nov 2010
48778 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

how much power would the feds lose if the commerce clause is severely weakened?


All of it, just about


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41
cajunangelle
Navy Fan
eating a fried oyster/shrimp poboy
Member since Oct 2012
86764 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

I hope his last act before retirement is to write the opinion that explains exactly why Roe v. Wade is erroneous.
He has said he is not retiring any time soon.


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Gaspergou202
LSU Fan
Metairie, LA
Member since Jun 2016
9028 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
Scott was overturned properly by amendment.

However overturning precedent is precedent when Plessy was overturned by Brown.

Therefore Roe is fair game.


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Bard
LA-Monroe Fan
Tigerdroppings Platinum Member
Member since Oct 2008
33036 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

To our constitutionalists: how much power would the feds lose if the commerce clause is severely weakened?
A large amount of the power Congress wields comes from the Commerce Clause. Limiting Wickard to encompass only transactions that are directly interstate in nature would cut Congress off at the knees.


ThePTExperience1969
LSU Fan
Baton Rouge, LA
Member since Apr 2016
9496 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
This whole stare decisis concept is the biggest misnomer in the history of the common law considering the Supreme Court’s overturned its precedents many times in its history Plessy v. Ferguson constituting the most consequential example. Moreover, the Louisiana Civil Code recognizes no such concept, it’s all about the judge’s interpretation of the law and Constitution and that’s how it should be “judgment.”


SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
365734 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

That’s always been the case, but the task has also always been to get it right the first time, or close enough to right that they can work with it.

we still had a country for longer pre-Wickard than post-Wickard...


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ThePTExperience1969
LSU Fan
Baton Rouge, LA
Member since Apr 2016
9496 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
Justice Thomas is a legal hero of mine, cannot find a single opinion majority or dissent he’s joined that I disagree with in his 28 years of service, he’s remarkably consistent and will be missed when he leaves


SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
365734 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
quote:

A large amount of the power Congress wields comes from the Commerce Clause. Limiting Wickard to encompass only transactions that are directly interstate in nature would cut Congress off at the knees.

if any laypeople want to read a modern example, read up on Gonzalez v. Raich


ThePTExperience1969
LSU Fan
Baton Rouge, LA
Member since Apr 2016
9496 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
LOL the fricking libtards on the Court and Kennedy comprised the Raich majority some “liberals” Scalia concurred on Necessary and Proper Clause grounds. Again, Thomas’ dissent right on the money.


SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
365734 posts

re: Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
yeah when i first started law school i was of the "Thomas just copies what Scalia says" group until i fully realized his hatred of CC interpretation


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