Posted on 06/17/2019 9:52:35 AM PDT by yesthatjallen
Justice Clarence Thomas on Monday said that the Supreme Court should take more action to overturn prior demonstrably erroneous decisions.
In a concurring opinion issued in a double-jeopardy case, Thomas wrote that he believes the court was correct in not overturning a doctrine that allows an individual to be charged with the same crime by federal and state prosecutors.
However, he wrote that the Supreme Court should revisit its use of the stare decisis doctrine, under which a past precedent is not be overturned unless theres a compelling reason to do so.
Thomas wrote that the use of the judicial standard elevates demonstrably erroneous decisions meaning decisions outside the realm of permissible interpretation over the text of the Constitution and other duly enacted federal law.
And he argued that the court was overstepping its bounds by enforcing the past rulings to help establish new law.
By applying demonstrably erroneous precedent instead of the relevant laws textas the court is particularly prone to do when expanding federal power or crafting new individual rights the court exercises force and will, two attributes the people did not give it, the justice wrote.
Thomas said that the court should reexamine the doctrine to ensure that the justices are only utilizing mere judgement by following the correct, original meaning of the laws we are charged with applying.
When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it, Thomas wrote.
And he said that federal judges in lower courts should also not feel bound to comply with an incorrect precedent.
The issue of judicial precedent was raised earlier this year, when the Supreme Courts conservative majority overturned a 1979 ruling on states immunity from lawsuits.
In a dissenting opinion, Justice Stephen Breyer wrote that the reversal of the past decision can only cause one to wonder which cases the court will overrule next. That statement sparked concerns over whether courts conservative majority would later overturn Roe v. Wade.
Why should my taxes pay from a wheelchair ramp into an auto parts store? Gettest thou real.
Bob Dole's legacy...
Oh, if only the other conservative justices would have the same guts, integrity and love for the US Constitution that Justice Thomas clearly has, our Republic would not be in its current danger of falling.
I think Thomas is laying the groundwork FOR Roe v Wade to be overturned.
Why should the owner of the auto parts store have pay the cost of a wheelchair ramp to solve what Congress has determined to be a societal problem? Sort of like how government requires private landlords to rent apartments at below market rates to solve a public housing problem. If its a public problem, then the cost of “solving” the problem should be paid from tax dollars, not forced upon a small group segment of the population.
Yup, A sportsmans club used to belong to was serving breakfast on Sundays and the state came up with all kinds of rules.
A the restrooms had to have crippled access and the kitchen had to have 40K in updates.
It wasn’t even open to the general public except a couple hours on Sunday.
“Thomas is a gift to our Country. May he serve many more years in good health.”
Yes he IS a true gift to this country. Why wasn’t HE made chief justice rather than Roberts. Never understood that.
I read his autobiography and found it very interesting. His wife is A OK, too, in my book. This is why the left wishes him ill health, early departure from SCOTUS and all the other evil things they say about conservatives. A pox on them. Thomas is terrific.
Example: The Appalachian trail in the white mts NH has a hut at the lake of the clouds on Mt Washington. You have to hike up 4,000 ft of rocky trails to get there. When they decided to renovate they had to make it wheel chair accessible. That’s our government for you, no common sense allowed. Just to be jokers, when they opened the renovated hut a bunch of (very fit) hikers carried a compatriot up the 4000 ft to the hut in his wheel chair to christen the ramp.
If nothing else, think pragmatically.
1. The ramp will increase your business.
2. You will expense the cost of building it.
3. By the time government got through with it,
the cost of the ramp would go up a hundred fold.
4. It’s the cost of doing business.
Thomas could be my favorite Justice of all time. Trump is getting more GOPe judges and justices in, but they are uniparty types. Thomas is the real deal.
The Supreme Court should definitely overturn Roe vs Wade based on the fact that it violated the 10th and 11th Amendments to the constitution. They are listed below.
10th AMENDMENT
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
11TH AMENDMENT
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Roe vs Wade distinctly violates both of these Amendments.
And I give you just about every lower court that has cited Miller. Only they did so to restrict a Constitutional right.
The ADA forces employers, businesses, and places of public accommodation to suffer the expense and burdens of implementing the law, rather than funding the law with public tax dollars.
And where do you think those “public tax dollars” will come from? The employers, businesses, and people. We, The People, pay for it all anyway. If it costs a business an extra $5,000 to do something, they’re not going to eat the cost - they’re going to pass that to their customers, aka, the People.
The ADA regs are quite specific. A bathroom stall has to be a certain sizebig enough to let a wheelchair in. No allowance for the cost of the upgrade, and frankly in older buildings the upgrade is virtually impossible. The entrance to a business must be flush with the outside pavement. A ramp to get around stairs has regs on its slope, flat rest areas are required at specific distances, if it is too long...the regs go on and on. And there are people who make a living finding places that are non-compliant.
At one time our Supreme Court ruled that blacks weren’t people (Citizens). They were property. NOW, if there is any democrat that thinks precedence should be LAW (which is what they think they want), ask them if Dred Scott should still be the law of the land.
No, the one that requires sports to accommodate armless tennis players.
1 As the Court suggests, Congress is responsible for the proliferation of duplicative prosecutions for the same offenses by the States and the Federal Government. Ante, at 28. By legislating beyond its limited powers, Congress has taken from the People authority that they never gave. U. S. Const., Art. I, §8; The Federalist No. 22, p. 152 (C. Rossiter ed. 1961) (“all legitimate authority” derives from “the consent of the people” (capitalization omitted)). And the Court has been complicit by blessing this questionable expansion of the Commerce Clause. See, e.g., Gonzales v. Raich, 545 U. S. 1, 57–74 (2005) (THOMAS, J., dissenting). Indeed, it seems possible that much of Title 18, among other parts of the U. S. Code, is premised on the Court’s incorrect interpretation of the Commerce Clause and is thus an incursion into the States’ general criminal jurisdiction and an imposition on the People’s liberty.
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