Posted on 04/23/2020 9:10:37 PM PDT by bitt
In the same ruling, Justice Brett Kavanaugh, talked about 'erroneous precedents.'
During a recent Supreme Court ruling, Justice Clarence Thomas referred to Roe v. Wade as one of many “incorrect decisions” in relation to the Fourteenth Amendment. Roe v. Wade, the 1973 landmark decision, imposed abortion on demand across the United States.
In the same context of “incorrect decisions,” Thomas also mentioned the 2015 ruling Obergefell v. Hodges, which guaranteed a “right” to homosexual “marriage.”
The final decision Thomas classified as “incorrect” was Dred Scott v. Sandford, according to which the Constitution of the United States was not meant to include American citizenship for black people. The 1857 ruling was directly overturned by the Fourteenth Amendment in 1868.
The Justice’s concurring opinion comes as part of a ruling concerning the rights of criminal defendants at trial, Ramos v. Louisiana, which was issued last Monday.
In the same ruling, President Donald Trump’s second nominee to the nation’s highest court, Justice Brett Kavanaugh, talked about “erroneous precedents.”
As LifeSiteNews reported, Kavanaugh elaborated on his thought process for when longstanding precedent should be left alone or overturned, using abortion precedent as his example.
“In [Planned Parenthood v.] Casey, the Court reaffirmed what it described as the ‘central holding’ of Roe v. Wade,” while at the same time “expressly reject[ing] Roe’s trimester framework,” Kavanaugh wrote. This, he continued, shows that the doctrine of stare decisis, or deference to precedent, “is not an ‘inexorable command.’”
(Excerpt) Read more at lifesitenews.com ...
P
Ruh roh. The libs better hope RBG keeps breathing.
How about declaring Griggs vs. Duke Power a bad decision? Break the grip of Higher Ed once and for all....
“...Ruh roh. The libs better hope RBG keeps breathing....”
Now you know why the RATS likely colluded with the CCP on the virus release.... They cannot stand the thought of having the POTUS appoint her replacement as it would most likely undo their daily sacrifices to the demonic abortion god, Molech.
It is one of their most sacred things to offer up the innocent to Satan.
Screams for his impeachment in 4...3...2...1
It all started with Douglas’ ridiculous “penumbras and emanations.”
Wickard v. Filburn....
its ESSENTIAL that we not let the Commies steal the 2020 election!
if only for the judicial appointments
(but yes for a lot more too)
Precedent is only important (to Democrats) when it serves their aims. They have zero real regard for the concept, because they have only one governing principle: Democrats want it their way and don’t care how they get it. They are like a petulant child playing a board game. They are happy, cheerful players so long as they are winning. If not, they change the rules mid-game, and if that doesn’t work, they throw the board across the room in a huff.
I long ago realized it’s a one sided game. Conservatives can make well reasoned legal arguments based on law and precedent, but there is zero chance someone like Sotomayer will change her mind. Zero!
Yes, and don’t forget Kelo.
Atrocious.
Her clerks do everything anyway. We may not find out for months when she’s actually dead.
Letting homosexuals tell us we had to accept AIDs was a mistake. One we really should re-examine. We CAN cure AIDs in ONE generation. Quarantine.
I always have been amazed that "Legal Precedent" is considered a pillar of truth and justice.
It's the philosophy that lies based on lies and injustice are just, because someone got away with it previously.
RGB must be hopped up on enough adrenachrome to keep her functioning past Trump’s first term. How many times has she come back from the brink?
Both decisions manufactured “Constitutional” understanding not in the Constitution, merely preferred by the justices that formed the majority in those decisions.
All such decisions ignore the very first words of the Constitution - We The People.
Those words are a demonstration of the first fundamental right we have under the Constitution - We The People (acting through our elected officials), not the judges, are the authors of the Constitution, including all its amendments. When the judges make up their “living” Constitution, they abrogate the most fundamental power reserved to the people, authorship of the Constitution.
Another 4 years of Trump and we will right the wrong that has plagued our society for way too long, but we need ANOTHER 4 YEARS!
YESSSSSSSSSSSSSSSSSSSSSSSSS
bump
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