Prepping for a Court Mandated End of Equality
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As the Supreme Court is about to revisit some major decisions, one of the nine justices – and a key member of the conservative majority – has offered his view that there’s nothing sacred about precedent.
“At some point we need to think about what we’re doing with stare decisis,” Justice Clarence Thomas said about the legal term that protects stability in the law. “And it’s not some sort of talismanic deal where you can just say ‘stare decisis’ and not think, turn off the brain.”
Thomas offered that view in a rare public appearance at Catholic University’s Columbus School of Law on Sept. 25.
He was asked about the factors he considers when deciding whether a past decision was wrong and did not address any pending cases.
In the term that begins next month, the court will revisit a nearly century-old ruling protecting the heads of independent agencies that President Donald Trump has repeatedly challenged as he’s sought greater control over the government.
What does this mean? It means that the Court is probably going to overturn Wong Kim Ark to get rid of birthright citizenship, and that at any moment functionally before it does so officially. It means it is going to overturn Obergfell and states will be able to ban gay marriage. It means that Griswold could well be overturned and states will be able to ban birth control. And yes, Loving too. Then the Court will move on to create national bans on abortion.
All the norms are dead. The Supreme Court is the enemy of anything decent in this nation. And as we saw with the ridiculous claims in comments here and around Bluesky and other liberal spaces before the 2024 election that overturning Roe would lead to women pouring into the streets and coming out in droves to elect Harris and then to defeat Republicans for a long time, it will hardly matter, even when people are personally affected.