Justice Clarence Thomas on Monday urged the U.S. Supreme Court to feel less boun...
- 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.
Thomas said the nine justices should not uphold precedents that are “demonstrably erroneous,” regardless of whether other factors supported letting them stand. Thomas, 70, joined the court in 1991 as an appointee of Republican President George H.W. Bush. Thomas is its longest-serving current justice.He demonstrated his willingness to abandon precedent in February when he wrote that the court should reconsider its landmark 1964 New York Times v. Sullivan ruling that made it harder for public officials to win libel lawsuits.
In 2000, conservative then-Chief Justice William Rehnquist left intact the landmark 1966 Miranda v. Arizona ruling, which required police to advise people in custody of their rights, including the rights to remain silent and have a lawyer. Stare decisis has also split the current court, including last month when in a 5-4 decision written by Thomas the justices overruled a 1979 precedent that had allowed states to be sued by private parties in courts of other states.
“In our constitutional structure, our rule of upholding the law’s original meaning is reason enough to correct course,” Thomas wrote.
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