Clarence Thomas: Supreme Court Needs to Consider Overturning Prior Precedent
Supreme Court Justice Clarence Thomas on Thursday urged his colleagues on the high court to consider overturning prior decisions despite precedent, something pro-life advocates are considering to be a reference to overturning Roe v. Wade, which gave women the legal right to obtain an abortion. Thomas made his case in a concurring opinion in Gamble v. United States, a case dealing with double jeopardy.
“When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it,” Thomas wrote, noting that lower federal courts should also disregard poor precedents. Thomas went on to add that precedent “may remain relevant when it is not demonstrably erroneous.” . . .
Kristen Clarke, the President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, told Fox News Thomas’ stance on overturning precedent is clear attack on abortion rights.
“One can’t ignore the timing of Justice Thomas’s concurring opinion which comes at a moment when we are seeing a coordinated and relentless attack on Roe v. Wade across the country. The laws that have been adopted in several states violate the Court’s settled precedent in Roe. In his concurring opinion, Justice Thomas has made clear his willingness to reject precedents that he personally deems incorrect, a position that unnecessarily politicizes the Court,” Clark said. “Justice Thomas’s view is fundamentally at odds with the way in which the Supreme Court has generally operated. It is a view that threatens to further undermine the integrity of the Court and weaken the stability of the institution.” (Read more from “Clarence Thomas: Supreme Court Needs to Consider Overturning Prior Precedent” HERE)
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