That must be what made his hair stand on end.
I wonder if Thomas got into Lincoln getting back into politics largely as a response to the Dred Scott decision, the original activist Supreme Court decision.
Just like Roe v. Wade, it took a political disagreement and in attempting to put it outside the realm of politics made political adjustment of the issue impossible. In the Scott case this led directly to the greatest war in American history.
I take great pleasure in contemplating Chief Justice Taney’s reaction to Justice Thomas’ presence on the Court.
That must be what made his hair stand on end.
Just finished listening to the whole speech. Justice Thomas will never win a prize for best public speaker.
However, he did indeed tackle the issue I mentioned. Dred Scott was one of the very first attempts to allow the judiciary to rule by fiat. It was overturned only by the Civil War.
Yet as Clarence points out, judges learned nothing by this. They still think they have the wisdom to rule by just stating that their policy preferences are part of the Constitution and thus above political give and take.
As bad an idea as in the 1850s, and at least as prone to lead to tyranny, even if it is a tyranny of good intentions.