this post was submitted on 27 Sep 2025
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Justice Clarence Thomas is finding increasingly creative ways to justify reshaping long-standing laws.

During a rare appearance at Catholic University’s Columbus School of Law in Washington, D.C., on Thursday, the George H.W. Bush–appointed justice said the Supreme Court should take a more critical approach to settled precedent, arguing that decided cases are not “the gospel,” ABC News reported.

Thomas, 77, compared his Supreme Court colleagues to passengers on a train, and said: ”We never go to the front to see who’s driving the train, where is it going. And you could go up there in the engine room, find it’s an orangutan driving the train, but you want to follow that just because it’s a train.”

He reasoned that some precedents were simply “something somebody dreamt up and others went along with.”

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[–] nosuchanon@lemmy.world 9 points 9 hours ago

**Translation:**The law is whatever you pay me to make the law.

[–] RandomlyGeneratedName@lemmy.world 10 points 17 hours ago

The right has always been hypocrites. Now they are so blatant they can’t even coherently argue their points. It’s just corruption. Pure and simple. The constitution and precedent only ever mattered when it was advantageous to them / their bribers.

[–] SabinStargem@lemmy.today 7 points 16 hours ago

If Clarence is sentenced at Nuremberg, I suggest that it should be a drawing and quartering by his motorcoach fleet.

[–] Aljernon@lemmy.today 5 points 15 hours ago

When the US constitution was written, it was assumed they didn't have to spell out exactly how the judiciary would work because the Anglo-Saxon legal tradition was over a millennia old without getting written down (predating statute law) but apparently that assumption was wrong.

[–] RampantParanoia2365@lemmy.world 10 points 18 hours ago (2 children)

“At some point we need to think about what we’re doing with stare decisis‚" Thomas said, referring to the legal principle of abiding by precedent. “And it’s not some sort of talismanic deal where you can just say ‘stare decisis’ and not think, turn off the brain, right?”

....I have no idea. What the holy fuck did you just say? Was that English, Clarence?

[–] Archer@lemmy.world 7 points 17 hours ago

Oh that’s easy, stare decisis for things we like and overturning everything we don’t like. Simple!

[–] _stranger_@lemmy.world 4 points 16 hours ago
[–] HubertManne@piefed.social 3 points 16 hours ago

Im sure in the rulings he won't give any explanation at all. Every time no explanation is given I assume the explanation is because fuck the people and the constitution that was built around the principle of power coming from it.

[–] Daft_ish@lemmy.dbzer0.com 2 points 16 hours ago

What it must be like to be a reptile in a human skin.

[–] AmericanEconomicThinkTank@lemmy.world 3 points 17 hours ago (1 children)

Cash in pocket doesn't seem to be a very bonkers reason to me.

Wrong? Sure. Foolish? Absolutely. Short-sighted? No doubt.

But bonkers? Who wouldn't sell their fellow man out for a few extra bucks? Hell, a nice new RV sure sounds nice, maybe a vacation to go along with it.

[–] StepUp2DaStreets@lemmy.world 1 points 15 hours ago

I really wish he would've taken the John Oliver deal for that sexy beast of an RV to retire... oh well. Here we are

[–] tux@lemmy.world 15 points 1 day ago (1 children)

Ironically I don’t disagree with him but for completely different reasons. It’s pretty obvious he wants to use this as an excuse to do whatever he’s paid to do by the biggest bribe.

But Jefferson pushed for vast changes and “revolution” (not the violent type which honestly feels pretty naive) every generation. Because why should the rules and ideals and commitment of the dead hold back the present and future.

[–] Modern_medicine_isnt@lemmy.world 6 points 18 hours ago (1 children)

I have always thought precedent, when it comes to interpreting laws, should have an expiration date. If congress doesn't pass a law to support the precedent, then it is no longer valid after that date. For constitutional interpretations, once past the expiration, a lower court can't use it as justification anymore.

[–] Natanael@infosec.pub 3 points 7 hours ago* (last edited 7 hours ago) (1 children)

That works great and all until somebody tries to block renewal of basic human rights. Put constitutional referendums on a schedule.

Here in Sweden two consecutive elected governments have to approve changes to the constitution. Seems like another useful tool to prevent abuse.

Lower court precedence, however, sure it would be nice with expiration dates so legislature has to authorize it explicitly to keep it. You could even have boards whose responsibility is to translate precedence from courts into law proposals to be voted on.

[–] tux@lemmy.world 2 points 2 hours ago

With the US 2 party system and first past the post voting system practically nothing would ever change then. Which does mean one crazy wannabe dictator can’t do as much damage. But also means getting progressive policies pushed through would also be impossible.

But I do like that idea in theory, once we solve our 2 party problem then something like that would make a lot of sense. I don’t know how we will ever solve that, figured for sure after January 6th and COVID that a real 3rd party would gain traction? And yet here we are.

[–] NutWrench@lemmy.ml 12 points 1 day ago (1 children)

What a stupid metaphor. Settled law is called "precedent." If there's an orangutan driving the train it's because YOU GUYS made that possible.

[–] Zeddex@sh.itjust.works 7 points 20 hours ago

There is an orangutan driving the train. His name is Trump.

[–] A_Random_Idiot@lemmy.world 13 points 1 day ago (1 children)

I wonder how much these public statements cost whoever paid him to make them.

[–] gandalf_der_12te@discuss.tchncs.de 1 points 11 minutes ago

they aren't paid per statement, they're paid in batch. like, they're given a ... wtf do i know, some kind of compensation, then they make a whole lot of these statements, but it's not like there's a 1:1 mapping between reward and action. because if there was, somebody could point that out and say it's bribery. like this, the reward is always "for something else".

[–] Asafum@feddit.nl 104 points 1 day ago (2 children)

"Left wing activist judges! Activist judges! Activist judges! The left! The left wing activist judges!"

... fucking projection ass hypocrites. Always.

[–] prole@lemmy.blahaj.zone 7 points 1 day ago

We can NEVER forget that this is what they do

[–] Zink@programming.dev 24 points 1 day ago

Legislating from the bench!!!

[–] AbidanYre@lemmy.world 170 points 1 day ago (4 children)

We never go to the front to see who’s driving the train, where is it going. And you could go up there in the engine room, find it’s an orangutan driving the train, but you want to follow that just because it’s a train.

What?

[–] pelespirit@sh.itjust.works 118 points 1 day ago

It's better than saying, "I've been bribed a shit ton and no one is caring, so I'll say and do whatever I want."

[–] BrianTheeBiscuiteer@lemmy.world 50 points 1 day ago (2 children)

An orangutan is driving the train and apparently you're cool with that.

[–] MML@sh.itjust.works 3 points 17 hours ago

I think he called Trump an orangutan, let's tell Daddy and get him fired .

[–] Almacca@aussie.zone 18 points 1 day ago

There's pressure valves going off all over the place, and he's fixing it by shovelling in more coal.

[–] My_IFAKs___gone@lemmy.world 30 points 1 day ago

It's the old orangutan-train-engineer argument, which gained legal precedent in Plessy v. Ferguson, brought by passage of an 1887 Florida law, whereby states began to require that railroads furnish separate accommodations for each race.

[–] Cethin@lemmy.zip 22 points 1 day ago (1 children)

Yeah, it's crazy because, if the train is functioning perfectly fine, and has been for centuries, why does it matter who's driving it?

He wants to be the driver. That's why. He calls into question the way things have worked because he wants to take over.

[–] forrgott@lemmy.zip 13 points 1 day ago

And besides, the train driver does not have any control over the route the train will take.

[–] melsaskca@lemmy.ca 8 points 1 day ago (1 children)

Why would we care what this money-hole thinks. Especially when this money-hole accepts bribes.

[–] prex@aussie.zone 2 points 16 hours ago

And the rape, don't forget about the rape.

[–] IHeartBadCode@fedia.io 82 points 1 day ago (1 children)

arguing that decided cases are not “the gospel,”

This is correct, but not in the sense that he provides. Society changes, what was okay before may not be okay now. Weighing precedent and modern society is a careful process. Tossing off precedent should have justification for why it's being shrug and there needs to a preponderance that this is indeed the shift of society.

Walking in and saying, "well we should just outright critical" is absolutely not the way to do it. Overturning previous case law should happen, but that shouldn't be the fucking default. And when you do overturn previous case law, you really need to bring a fuck ton of support, not, "meh we changed our mind." Being a contrarian for sake of rocking the boat isn't how our highest court should operate.

[–] chisel@piefed.social 12 points 1 day ago

Yes, but on the other hand: he got his and fuck yours.

[–] acchariya@lemmy.world 11 points 1 day ago

Is it a new motorhome?

[–] Kolanaki@pawb.social 65 points 1 day ago* (last edited 1 day ago) (1 children)

"One of the good ones."

If everything falls to pure fascism, I hope I at least get to see the leopards eat Clarence's face.

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[–] tburkhol@lemmy.world 54 points 1 day ago (1 children)

He reasoned that some precedents were simply “something somebody dreamt up and others went along with.”

Is he admitting this is how he writes his opinions?

[–] forrgott@lemmy.zip 25 points 1 day ago (7 children)

It's also meaningless, in the sense that it describes the entirety of society.

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[–] yesman@lemmy.world 6 points 1 day ago

That sounds like the Living Constitution with extra steps.

[–] kbal@fedia.io 30 points 1 day ago

Sure. Why should the third car on the train follow the cars ahead? Break free from the track, accept the bribe, jump the rails and chart your own course.

[–] crystalmerchant@lemmy.world 14 points 1 day ago

Lmao orangutan is a particularly apt metaphor

[–] SPRUNT@lemmy.world 15 points 1 day ago

Even the actual gospel isn't gospel to these demons.

[–] SeeMarkFly@lemmy.ml 19 points 1 day ago

The bible is something somebody dreamt up and others went along with. God doesn't write.

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