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

Posted on 6/18/19 at 9:07 am to
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 6/18/19 at 9:07 am to
quote:

cannot find a single opinion majority or dissent he’s joined that I disagree with in his 28 years of service,
then you aren't trying at all. He's being atrociously wrong on some 4th Amendment decisions and was wrong on the dual sovereignty decision just announced. He's been great on many decisions and awful on many.
Posted by seawolf06
NH
Member since Oct 2007
8159 posts
Posted on 6/18/19 at 9:44 am to
quote:

Dred Scott would never have been overturned


Just to be clear, Dred Scott decision was not overturned by SCOTUS.

Emancipation and 13th, 14th and 15th Constitutional Amendments nullified the decision.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 6/18/19 at 9:46 am to
quote:

The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon.

False. You don't trust him because you were told not to and you're easily led.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 6/18/19 at 10:01 am to
quote:

if any laypeople want to read a modern example, read up on


You know damn well that our leaders and media have lay people totally focused on the emotional type topics like race, gender, religion, and abortion.

They could give two shits about an expansion that allows the feds to pretty much regulate any fricking thing that they want to regulate.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61206 posts
Posted on 6/18/19 at 10:09 am to
quote:

Bandit just drug his nuts over your face and made you his prison wife.
Somebody call a medic cuz chinesebandit just knocked tboy the eff out.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/18/19 at 10:14 am to
quote:

To our constitutionalists: how much power would the feds lose if the commerce clause is severely weakened?
80% would go back to the States, where it belongs

Get rid of incorporation under the 14th also, and we would be 95-98% of the way back to where we should be.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/18/19 at 10:19 am to
quote:

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.”
Louisiana has the most backward and corrupt legal system in the nation. Not sure I would be presenting it as an exemplar.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/18/19 at 11:10 am to
Certainly less backward than your stare decisis nonsense despite federal courts overrule their precedents all the time, can totally understand why you’d disparage Louisiana’s system, people normally do that regarding superior approaches
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 6/18/19 at 11:21 am to
Doesn't a large majority of the world have a civil law system?
Posted by deltaland
Member since Mar 2011
90499 posts
Posted on 6/18/19 at 11:46 am to
quote:

The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon.



Your racism is showing
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19192 posts
Posted on 6/18/19 at 11:49 am to
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. The reason this is provocative is that no one trusts Thomas. He’s a terrible justice who is also a loon



Lol, that is hilarious. He's done more in one week than you will ever accomplish in your pathetic life.
This post was edited on 6/18/19 at 11:51 am
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/18/19 at 12:04 pm to
They surely do
Posted by seawolf06
NH
Member since Oct 2007
8159 posts
Posted on 6/18/19 at 2:06 pm to
Plessy v. Ferguson is a better example.
Posted by Zach
Gizmonic Institute
Member since May 2005
112410 posts
Posted on 6/18/19 at 2:19 pm to
quote:

Justice Thomas is a legal hero of mine


I've watched him speak on Cspan shows at least 5 times. His oratorical style is very conversational and concise. He's great with Q and A afterwards.
Posted by Loserman
Member since Sep 2007
21856 posts
Posted on 6/18/19 at 2:58 pm to
quote:

I'm not convinced Thomas was hinting about Roe; gotta believe it's something else.


Hopefully, he is hinting at every ruling that was decided through the doctrine of the penumbra.

The whole legal idea of interpreting a right or restriction based on other enumerated rights/restrictions even if they are similar actually violates the 9th and 10th amendments
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/18/19 at 3:11 pm to
One of the great constitutionalist arguments of all-time authored by my legal spirit animal Justice Hugo Black with the Griswold dissent, goes straight up textualist/strict constructionist on their asses his argument didn’t win the day that day but influenced a generation of committed Federalists like yours truly.
Posted by Loserman
Member since Sep 2007
21856 posts
Posted on 6/18/19 at 3:19 pm to
quote:

One of the great constitutionalist arguments of all-time authored by my legal spirit animal Justice Hugo Black with the Griswold dissent, goes straight up textualist/strict constructionist on their asses his argument didn’t win the day that day but influenced a generation of committed Federalists like yours truly.


Here Here!!!

Exactly correct.

Hugo Black was in many ways an enigma.

A Staunch Racist Ultra Progressive New Deal Democrat who argued for Judicial restraint and upholding the Constitution as written.

This post was edited on 6/18/19 at 7:05 pm
Posted by Big Scrub TX
Member since Dec 2013
33343 posts
Posted on 6/18/19 at 5:27 pm to
quote:


Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents
I love the fact that Justice Thomas essentially doesn't even recognize the concept of stare decisis as being worthy.
Posted by Pepperidge
Slidell
Member since Apr 2011
4311 posts
Posted on 6/18/19 at 5:32 pm to
Not a fan at all...Heller was a major victory for 2A
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67006 posts
Posted on 6/18/19 at 5:45 pm to
STARE decicis is just an excuse not to make tough decisions. The civil law does not acknowledge such a concept, and neither do I.
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