Thomas urges Supreme Court to reverse 'demonstrably erroneous decisions'

[Geee]

The Hill

Justice Clarence Thomas on Monday said that the Supreme Court should take more action to overturn prior “demonstrably erroneous decisions.”

In a concurring opinion issued in a double jeopardy case, Thomas wrote that he believes the court was correct in not overturning a doctrine that allows an individual to be charged with the same crime by federal and state prosecutors.

 

However, he wrote that the Supreme Court should revisit its use of the “stare decisis” doctrine, under which a past precedent is not to be overturned unless there’s a compelling reason to do so.

Thomas wrote that the use of the judicial standard “elevates demonstrably erroneous decisions—meaning decisions outside the realm of permissible interpretation—over the text of the Constitution and other duly enacted federal law.”

He argued that the court was overstepping its bounds by enforcing the past rulings to help establish new law.

“By applying demonstrably erroneous precedent instead of the relevant law’s text—as the court is particularly prone to do when expanding federal power or crafting new individual rights—the court exercises 'force' and 'will,' two attributes the people did not give it,” the justice wrote.

Thomas said that the court should reexamine the doctrine to ensure that the justices are only utilizing “mere judgement” by following “the correct, original meaning of the laws we are charged with applying.”

[Valin]

Gosh, I wonder what ruling he could possibly be talking about

Roe V Wade