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

[Eugene]

Source: Reuters

SUPREME COURT JUNE 17, 2019 / 3:46 PM / UPDATED 3 HOURS AGO

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

Jonathan Stempel
5 MIN READ

(Reuters) - Justice Clarence Thomas on Monday urged the U.S. Supreme Court to feel less bound to upholding precedent, advancing a view that if adopted by enough of his fellow justices could result in more past decisions being overruled, perhaps including the landmark 1973 Roe v. Wade decision that legalized abortion nationwide.

Writing in a gun possession case over whether the federal government and states can prosecute someone separately for the same crime, Thomas said the court should reconsider its standard for reviewing precedents.

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.

In a concurring opinion, which no other justice joined, Thomas referred to the court’s 1992 decision in Planned Parenthood v. Casey, which reaffirmed Roe and said states cannot place an undue burden on the constitutional right to an abortion recognized in the Roe decision. Thomas, a member of the court at the time, dissented from the Casey ruling.

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Read more: https://www.reuters.com/article/us-usa-court-thomas/justice-thomas-urges-us-supreme-court-to-feel-free-to-reverse-precedents-idUSKCN1TI2KJ

[Sneederbunk]

1. He still remains unfit to serve on the Court.

[Hortensis]

2. The "right to privacy" and general welfare clause

that many of our rights and all our large progressive programs are based on are neither anywhere in the constitution but only inferred. Many believe they're major targets of RW judicial extremists, including the religious right, although perhaps not right away.

[procon]

3. Would he be just as eager to "reverse precedents"

if the Supremes got term limited out of office? Would he pin the high court's acceptance of the same code of conduct and ethics that apply to lower courts?

Pretending to hold my breath here.....

[alwaysinasnit]

4. Does that mean Thomas would be OK with overturning Brown vs. Board of Education (which overturned

Plessy vs. Ferguson) and the cases that reversed the Dred Scott decision?

[EffieBlack]

6. He's given every indication he would be

He’s one confused person.

[alwaysinasnit]

8. +1000

[in2herbs]

5. Considering that he's married to a white woman what about overturning the Loving decision? nt

[maxsolomon]

7. if that's what it takes to overturn RvW, so be it.

"They's miscagenated!"
- Homer Stokes, O Brother Where Art Thou?

[atreides1]

9. Mouthy prick isn't he???

Clarence is sure talking a lot since his Master Fat Tony died...by the way where were the Thomas' when Scalia croaked???

[Karadeniz]

10. Good...reverse Scalia on second amendment.

[dlk]

11. In His Opinion...