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Started By
Message
Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
Posted on 6/17/19 at 9:51 pm
Posted on 6/17/19 at 9:51 pm
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.
msn
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 6/17/19 at 10:01 pm
Posted on 6/17/19 at 9:54 pm to L.A.
the REEEEEEEEEEE will be off the charts over this
Posted on 6/17/19 at 9:56 pm to L.A.
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.
Posted on 6/17/19 at 10:16 pm to L.A.
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 6/17/19 at 11:37 pm
Posted on 6/18/19 at 4:23 am to L.A.
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.
Posted on 6/18/19 at 4:37 am to TBoy
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 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,'
The reason this is provocative is that
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
Posted on 6/18/19 at 5:41 am to TBoy
quote:
Tboy
Bandit just drug his nuts over your face and made you his prison wife.
Posted on 6/18/19 at 5:45 am to L.A.
I hope his last act before retirement is to write the opinion that explains exactly why Roe v. Wade is erroneous.
Posted on 6/18/19 at 6:04 am to L.A.
I'm not convinced Thomas was hinting about Roe; gotta believe it's something else.
Posted on 6/18/19 at 6:33 am to Darth_Vader
quote:
Bandit just drug his nuts over your face and made you his prison wife.
LowTBoy probably likes the thought of this
Posted on 6/18/19 at 6:35 am to TSLG
quote:
how much power would the feds lose if the commerce clause is severely weakened?
All of it, just about
Posted on 6/18/19 at 6:37 am to Wednesday
quote:He has said he is not retiring any time soon.
I hope his last act before retirement is to write the opinion that explains exactly why Roe v. Wade is erroneous.
Posted on 6/18/19 at 6:40 am to L.A.
Scott was overturned properly by amendment.
However overturning precedent is precedent when Plessy was overturned by Brown.
Therefore Roe is fair game.
However overturning precedent is precedent when Plessy was overturned by Brown.
Therefore Roe is fair game.
Posted on 6/18/19 at 7:09 am to TSLG
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.
To our constitutionalists: how much power would the feds lose if the commerce clause is severely weakened?
Posted on 6/18/19 at 7:17 am to L.A.
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.”
Posted on 6/18/19 at 7:19 am to TBoy
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...
Posted on 6/18/19 at 7:20 am to ChineseBandit58
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
Posted on 6/18/19 at 7:20 am to Bard
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
Posted on 6/18/19 at 7:27 am to SlowFlowPro
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.
Posted on 6/18/19 at 7:29 am to ThePTExperience1969
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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