A precedent has been a concern for a lot of people when Judge Kavanaugh was confirmed to the Supreme Court. This past week, Justice Clarence Thomas encouraged this court to break with the norm and judge in a way that is fair and just. Thomas hopes that more on the Supreme Court will adopt his view and seek to overturn past rulings.

In a previous case, Thomas wrote that the Supreme Court should limit precedent and seek facts and the truth. He stated, “demonstrably erroneous” precedents should be reevaluated. He went on to say, “When faced with a demonstrable erroneous precedent, my rule is simple: we should not follow it.”

Thomas firmly believes that the rule needs to be followed. Back in 1992, Thomas stood alone when he spoke about the court’s decision and went against the Casey ruling. The case was the Planned Parenthood v. Casey. He did not believe that the ruling should have followed the Roe decision from decades earlier.

Thomas was appointed by Bush in 1991. He is also the longest-serving judge on the bench at this time. He is considered to be a highly conservative judge. Earlier this year he went against precedent when he wrote about his belief that the case New York Times v. Sullivan which ruled that public officials would see a harder time to win libel lawsuits against them.

Jonathan Entin, who is a professor of law at the Case Western Reserve University, stated that “Thomas says legal questions have objectively correct answers, and judges should find them regardless of whether their colleagues or predecessors found different answers.” He has also stated that “Everyone is concerned about this because they’re thinking about Roe v. Wade.”

Thomas gets his belief from a Latin term that reads, “stare decisis” which has no boundaries. It claims that judges that are looking at precedent to decide an outcome should look at the factors surrounding the case and see if they really work or not. They also should look at the stability within the law, and whether it is a normal practice within the country itself.

Justice Rehnquist wrote about a ruling in 1966 that requires police to inform people of their rights, “the principles of stare decisis weigh heavily against overruling it now.” Thomas was not in favor of that decision and sided with Antonin Scalia’s departure from the ruling of the case. Scalia was quoted as saying of Thomas, “doesn’t believe in stare decisis, period. If a constitutional line of authority is wrong, he would say let’s get it right. I wouldn’t do that.”

The idea of stare decisis has influenced the court this year when they overturned a 1979 precedent that originally allowed people to sue states. Stephen Breyer, who is a current serving liberal judge, stated and agreed with the break from precedent saying, “a well-reasoned decision that has caused no serious practical problems. The May decision can only cause one to wonder which cases the Court will overrule next.”

Thomas wants to see the Supreme Court start ruling on the correct and the right meaning of the facts presented and the interpretation of the law. Judge Thomas would also write, “In our constitutional structure, our rule of upholding the law’s original meaning is reason enough to correct course.” He believes that precedent should be above the law.

John McGinnis, who is a law professor at Northwestern University in Chicago, has stated,” That’s very different from what the Court does today.” He believes that Thomas’s belief, “makes clear that in a narrow area he will give some weight to precedent. But at the same time, he thinks cases have one right answer and might find more cases ‘demonstrably erroneous.’”

President Trump continues to change the current makeup of the courts at every level. Every time a liberal judge steps down he is quick to nominate a conservative judge to replace the person. The President wants to see a fair court system for future generations. This is one part of his plan to help make the United States a great place to live once again.

891 thoughts on “Justice Thomas Makes Statement About Precedents

  1. Judge Thomas is right. It makes no sense that a precedent would be considered higher than the objective truth. That is like a parent saying “Because I said so!” I hope they change!

    1. If precedent were always followed Slavery and Jim Crow would still be the norm. What is right based on our Constitution and Bill of Rights should be the guideline.

  2. There are nine Supreme Court Justices. How can a constitutional law be 5/9 th correct and 4/5 th unconstitional ? In a criminal court the jury verdict must be unanimous ! Or it is a hung jury . To politicalize the constitutional law is criminal in my mind. No wonder so many politicians feel they are above the law !

  3. It is refreshing to see and hear from a Justice who is not afraid to stand on principle and what is right, in view of the original intent of the law(s) when they were enacted. Too often, the whims of society are given more weight in important matters that come before the highest court, and justices that have an agenda rule based on their bias rather than law. Kudos to Justice Thomas.

  4. I do not believe that people who run the states or the Federal Government are necessarily within their right to determine what should be declared precedent or right on their own. I believe Right is predetermined in Morality & should be put in precedent by all courts, judges, government in general, in all decisions made for the benefit, stability, safety, and morality of The People, Life, and future Life and the Governance thereof. Right is very plainly stated in the Ten Commandments of the Bible and has been brought to the courts by making these moral decisions accordingly protecting The People’s rights! Erroneous decisions??? What?? C’mon…There is a “Right” in all decisions, so where does the “erroneous” come in? Does “Erroneous” happen to mean “flexibility” in some cases??? I don’t agree with Judge Thomas on this!!

  5. It would truly be a gift to or country if judges and our leaders followed our Constitution and did the proper way instead of what makes them look good. We have a wonderful God Given Country and I pray that it will be great again. We the people are so sick of all the corrupt ways that come to us.

  6. The rule of upholding the Law’s Original Meaning, should weigh heavy in decisions. It’s not intended that our Constitution or Laws be changed by ‘quick-witted’ n’er-do-wells who seek another form of government or to transform a law-abiding people to a hedonistic decadent society. The intention remains to Uphold the Law to Keep Our Society Stable, Peaceful, Law-Abiding, and Respectful of Rights of Others according to the Constitution.

  7. Makes perfect sense to me. Wasn’t slavery and the laws that pertained to slavery precedent at one time? Same with no vote for women. Just because a group of judges set a precedent long ago that does not mean it is moral, right, just or lawful. The Constitution is the yardstick of freedom in this country. Every decision should be based on that. Not on the political whim of the day or precedent set in the past by judges that paid not attention to the constitution and wanted to bend it to fit their political motives and beliefs.

  8. President Trump is not fair in anything. He only wants what he wants & that is it…PERIOD…..He is the most selfish, awful person this country has ever had in any office. He does not deserve to be The President of the United States.. He is Corrupt in everything… A Real Crook….HE DID NOT WIN TO BEGIN WITH….That was crooked to…

  9. I AGREE, IN ONE RESPECT with Justice Thomas about going back and re-evaluating the premises on which decisions are based. However, I am still worried that today’s radical, far leftists, set on infanticide, genocide, socialism and communism will misuse it to their own warped ideology.

  10. We all want to see a more fair court. Over the past 40-50 years the legal system has tried to become an activist legislative branch of Government. That ‘recent precedent’ has given way to making the judges second guess and over rule legitimate powers of the other two branches of government. The founders of this Nation had never intended ‘judges’ to rule the nation. It is time for this dangerous ‘Activist Judge Tyranny’ to be stopped.

  11. The justices have followed the constitution for almost 250 years and as a nation we have thrived. Allowing the court to overrule ANY clause in our constitution would probably allow the Supreme Court to move our form of government to slip into Socialism. It could take decades but it would start now.

  12. I’m not a lawyer but I tend to agree with Judge Thomas. One reason is Roe Vs Wade. That is definitely a Biblically
    bad law. Bible indicates that life begins at conception and abortion is murder of innocent beings. It needs to be ‘re-judged’. I’m not sure but I suspect there are other rulings that need rework, they may not be as obvious as the Roe vs Wade but could still be wrong.
    Courts are not always right. The nineth Circuit court just made a ruling that is obviously wrong. It essentially means that if the police caught a gang in a bank robbery and they were only looking for one of the robbers (one warrant for) then they could not arrest the others. The actual case was 130 illegals were caught and were set to be deported but they only had a warrant for the arrest of one by name. Then, by the 9th decision, it is not lawful to deport 129 illegal but only the one that they had a warrant for.
    There are cases, I’m sure, where precedence is lawful and should be used in making a decision.
    That is MyNickelsWorth!

  13. The Constitution should be followed as intended by the founders of our Republic and Liberals on the Supreme Court should not be allowed to deviate . We do not want this great nation to change to a Socialist/Communist Nation as a result of a few misguided people being placed there by Socialist leaning Presidents. That rarely happens but it does happen.

  14. As a Christian, I depend on God’s Word for guidance and His Word says we should all protect ALL lives. Before the child is born and grows up to be whatever age, God is the only One who can give life and He is the only one who can take a life. As soon as Americans realize that God is in control, she will wake up but I fear it make take a few years and I don’t want to wait that long for Jesus to rapture His church

  15. I agree with Justice Thomas. It is refreshing to see the court actually debate and decide issues using the Constitution and not just precedent

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