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Clarence Thomas says precedent might not determine cases on upcoming supreme court docket (www.theguardian.com)

submitted 1 day ago by Powderhorn@beehaw.org to c/usnews@beehaw.org

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Settled legal precedent in the US is not “gospel” and in some instances may have been “something somebody dreamt up and others went along with”, the US supreme court justice Clarence Thomas has said.

Thomas – part of the conservative supermajority that has taken hold of the supreme court over Donald Trump’s two presidencies – delivered those comments Thursday at the Catholic University of America’s Columbus School of Law in Washington DC, ABC News and other outlets reported. His remarks preceded the nine-month term that the supreme court is scheduled to begin on 6 October.

“I don’t think that … any of these cases that have been decided are the gospel,” Thomas said during the rare public appearance, invoking a term which in a religious context is often used to refer to the word of God. “And I do give perspective to the precedent. But … the precedent should be respectful of our legal tradition, and our country and our laws, and be based on something – not just something somebody dreamt up and others went along with.”

Among the various cases Thomas and his colleagues are expected to weigh in on is a request to overturn the 2015 Obergefell supreme court decision that legalized marriage for same-sex couples nationwide. Other cases being mulled by the supreme court for its 2025-2026 term involve tariffs, trans rights, campaign finance law, religious rights and capital punishment.

Pretty sure everyone had this on their bingo cards.

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[–] Midnitte@beehaw.org 23 points 1 day ago (3 children)

Among the various cases Thomas and his colleagues are expected to weigh in on is a request to overturn the 2015 Obergefell supreme court decision that legalized marriage for same-sex couples nationwide.

I feel like this is one thing that might actually motivate a larger portion of the population to protest.

Because I cant imagine what else it would take.

[–] Powderhorn@beehaw.org 20 points 1 day ago

That's the great thing about a stacked court. They don't have constituents to listen to, and their solution to protests has of late been putting up a bigger fence around the building.

[–] TehPers@beehaw.org 3 points 1 day ago* (last edited 1 day ago) (1 children)

Thankfully getting rid of same-sex marriage isn't as simple as reversing the precedent. They'd need to rule that same-sex marriage is somehow unconstitutional. Which I'm sure they'll try ofc.

[–] Midnitte@beehaw.org 6 points 1 day ago

I'm sure the plan is to overturn precedent and have the ruling in such a way that it's up to the states

[–] Someonelol@lemmy.dbzer0.com 4 points 1 day ago

I'm sure after same sex marriage gets torn down they'll go after interracial marriage next. They're slowly peeling back all the good layers of this country until we get back to the old rotten core of slavery and segregation underneath.