US EditionSupreme Court Justice Clarence Thomas Cautions Against Following Precedent
Justice Clarence Thomas criticized the binding nature of Supreme Court precedents and signaled openness to overturning key rulings on race, agency power, and marriage equality.
- Last week, Justice Clarence Thomas questioned longstanding Supreme Court precedents at Catholic University's Columbus School of Law in Washington, D.C., saying legal precedents aren't `the gospel` and he would not follow them if they don't make sense.
- The Supreme Court is preparing to review Humphrey's Executor v. United States, a nearly 90-year-old case, while justices consider revisiting Obergefell v. Hodges and Thornburg v. Gingles as the new term opens.
- Explaining his approach to stare decisis, Thomas argued it should not be a `talismanic` phrase and compared precedent to a train driven by an `orangutan`, warning against uncritical reliance.
- Critics warned that undoing precedents in reproductive, voting, and LGBTQ rights could destabilize core legal principles, while Thomas's comments renewed concerns about the court's conservative majority.
- For the first time, nine states recently introduced nonbinding resolutions asking the court to revisit Obergefell v. Hodges, despite over 68 percent support for marriage equality in a Gallup poll.
16 Articles
16 Articles
Right Again, Justice Thomas: The Constitution, not Precedent Should Decide Cases
Justice Clarence Thomas, who is about to celebrate his 34th anniversary serving on the United States Supreme Court, made news last week for stating what many of us see as foundationally obvious: “I don’t think that any of these cases that have been decided are the gospel,” declared the justice. “And I do give perspective to the precedent. But … the precedent should be respectful of our legal tradition, and our country and our laws, and be based …
Black America Web
Justice Clarence Thomas Faces Backlash After Saying Legal Precedents Aren’t ‘The Gospel’
Source: The Washington Post / Getty Justice Clarence Thomas has once again ignited controversy after sharing his thoughts on the importance of legal precedent cases and how they should be viewed by legal professionals. In a public appearance at Catholic University’s Columbus School of Law in Washington, D.C. last week, Thomas questioned the authority of longstanding Supreme Court precedents. A little over week before the court begins a new term…
Clarence Thomas Urges SCOTUS to Rethink Old Precedents
In a rare public appearance at Catholic University's law school, Supreme Court Justice Clarence Thomas questioned the continued reliance on judicial precedent, saying that previous decisions should not be treated as "the gospel." As the court prepares to open a new term with cases that could challenge major, long-standing rulings,...
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