Clarence Thomas just dropped a big hint about a major decision that will change everything
Fights over Supreme Court nominations have turned into the most brutal battles in American politics.
Democrats pulled every trick in the book to stop Brett Kavanaugh because they were afraid of what his confirmation would mean.
And now Clarence Thomas just dropped a big hint about a major decision that will change everything.
The U.S. Supreme Court issued a much talked about 5-4 ruling stating that states did in fact have a Constitutional right to sovereign immunity from lawsuits in the courts of other states.
But the big news in this case was the fact that the court was willing to throw out a 41-year-old precedent, as Clarence Thomas explained in his opinion.
The Washington Post reports:
The Supreme Court’s conservative majority overturned a 40-year-old precedent Monday, prompting a pointed warning from liberal justices about “which cases the court will overrule next.”
The issue in Monday’s 5-to-4 ruling was one of limited impact: whether states have sovereign immunity from private lawsuits in the courts of other states. In 1979, the Supreme Court ruled that there is no constitutional right to such immunity, although states are free to extend it to one another and often do.
But the court’s conservative majority overruled that decision, saying there was an implied right in the Constitution that means states “could not be haled involuntarily before each other’s courts,” in the words of Justice Clarence Thomas, who wrote Monday’s decision.
Thomas acknowledged the departure from the legal doctrine of stare decisis, in which courts are to abide by settled law without a compelling reason to overrule the decision.
Liberals panicked over this decision.
The left believes precedent is sacred because that allows Roe v. Wade to remain intact.
But if the conservative majority is willing to throw out 40-year-old decisions, many court-watchers wonder if Roe is on the chopping block.