General Discussion
Showing Original Post only (View all)Clarence Thomas says marriage equality ruling should be overturned [View all]
Supreme Court Justice Clarence Thomas urged the U.S. Supreme Court to feel they are not bound to upholding precedent. The case was about legal double jeopardy, in which you cant be tried twice for the same crime. By a 7-2 vote, the Court upheld current interpretation of the law, allowing both state and federal governments to pursue the same charges against an Alabama man.
Thomas wrote a separate concurring opinion, however, that the Supreme Court should reconsider how it respects legal precedent (or stare decisis). He said the justices should not uphold precedents that are demonstrably erroneous, and the case he suggested to make his argument was Oberfell v. Hodges, the case that made marriage equality a national right in 2015.
I write separately to address the proper role of the doctrine of stare decisis, Thomas said in his opinion. In my view, the Courts typical formulation of the stare decisis standard does not comport with our judicial duty under Article III because it elevates demonstrably erroneous decisionsmeaning decisions outside the realm of permissible interpretationover the text of the Constitution and other duly enacted federal law.
He cited Chief Justice Roberts dissent in the marriage equality case.
more...
Just remember, after they come for my marriage, yours may not be far behind. Speak out!