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Keyword: scotusprecedents

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  • Clarence Thomas calls for abandoning 'demonstrably erroneous' precedent (trunc)

    06/18/2019 8:18:09 AM PDT · by Twotone · 15 replies
    Fox News ^ | June 17, 2019 | Gregg Re
    In a concurring opinion in a Supreme Court case announced Monday, Justice Clarence Thomas issued a lengthy call for his colleagues to overturn "demonstrably erroneous decisions" even if they have been upheld for decades -- prompting legal observers to say Thomas was laying the groundwork to overturn the seminal 1973 case Roe v. Wade, which established a constitutional right to abortion. Thomas' blunt opinion came in Gamble v. United States, a case concerning the so-called "double-jeopardy" doctrine, which generally prohibits an individual from being charged twice for the same crime. But both pro-life and pro-choice advocates quickly noted the implications...
  • Thomas Fires ‘Opening Salvo’ For SCOTUS To Overturn Own Precedents

    06/17/2019 10:00:06 PM PDT · by bitt · 20 replies
    talkingpointsmemo.com ^ | 6/17/2019 | Josh Kovensky
    In a sneaky Monday concurrence, Justice Clarence Thomas laid the groundwork for the Supreme Court to overturn its own longstanding precedents in what may mark the beginning of efforts to destroy numerous landmark court decisions from the past decades. The concurring opinion came in Gamble v. United States, a case regarding double jeopardy that Thomas used as a springboard to argue that the Supreme Court should review — and overturn — settled law where it is found to be “demonstrably erroneous.” Constitutional law scholars told TPM that Thomas appeared to use the concurrence to signal to his fellow justices —...