• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Clarence Thomas says precedent should not be that important anymore in American law

ataraxia

DP Veteran
Joined
Nov 18, 2016
Messages
62,501
Reaction score
39,560
Gender
Male
Political Leaning
Liberal
The American legal system was inherited from the system of English common law- with the system of precedent as its basis and foundation- "stare decisis".

Well... that was then. This is now. With America descending into fascist dictatorship with no regard for the rule of law, many Americans were hoping to be able to look at least to the courts as the last line of defense against the rising tide. But Clarence Thomas is saying precedent, shmredecent- this system needs to be tossed out.

So where are our Republican conservatives to tell us all about "activist judges" now?

"Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not "the gospel" and suggesting some may have been based on "something somebody dreamt up and others went along with."

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

These are not "conservatives"- because they are not conserving anything. America is evolving into something historically unprecedented and newfangled. It is no longer the tolerant, enlightened, pluralist, "e pluribus unum", secular democratic America of the founding fathers.
 
The American legal system was inherited from the system of English common law- with the system of precedent as its basis and foundation.

Well... that was then. This is now. With America descending into fascist dictatorship, hoping to be able to look at least to the courts as the last line of defense against the rising tide, Clarence Thomas is saying precedent, shrmedecent- that this system needs to be tossed out.

So where are our Republican conservatives to tell us all about "activist judges" now?

"Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not "the gospel" and suggesting some may have been based on "something somebody dreamt up and others went along with."

"At some point we need to think about what we're doing with stare decisis," Thomas said Thursday, referring to the legal principle of abiding by previous decisions. "And it's not some sort of talismanic deal where you can just say 'stare decisis' and not think, turn off the brain, right?""
https://www.msn.com/en-us/news/poli...-not-the-gospel/ar-AA1Nnk3c?ocid=BingNewsSerp

These are not "conservatives"- because they are not conserving anything. America is evolving into something historically unprecedented and newfangled. It is no longer the tolerant, enlightened, pluralist, "e pluribus unum" America of the founding fathers.
Fascist says what?
 
The American legal system was inherited from the system of English common law- with the system of precedent as its basis and foundation- "stare decisis".

Well... that was then. This is now. With America descending into fascist dictatorship with no regard for the rule of law, many Americans were hoping to be able to look at least to the courts as the last line of defense against the rising tide. But Clarence Thomas is saying precedent, shmredecent- this system needs to be tossed out.

So where are our Republican conservatives to tell us all about "activist judges" now?

"Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not "the gospel" and suggesting some may have been based on "something somebody dreamt up and others went along with."

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

These are not "conservatives"- because they are not conserving anything. America is evolving into something historically unprecedented and newfangled. It is no longer the tolerant, enlightened, pluralist, "e pluribus unum", secular democratic America of the founding fathers.

I would like to point out that despite being black, Clarence is considered an Honorary MAGA.

MAGA.
 
Thomas is a sick old buzzard who has waded into dangerous territory. He needs to retire.

He is not wading. He was always there. It’s just that the rest of government now is joining him.
 
The American legal system was inherited from the system of English common law- with the system of precedent as its basis and foundation- "stare decisis".

Well... that was then. This is now. With America descending into fascist dictatorship with no regard for the rule of law, many Americans were hoping to be able to look at least to the courts as the last line of defense against the rising tide. But Clarence Thomas is saying precedent, shmredecent- this system needs to be tossed out.

So where are our Republican conservatives to tell us all about "activist judges" now?

"Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not "the gospel" and suggesting some may have been based on "something somebody dreamt up and others went along with."

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

These are not "conservatives"- because they are not conserving anything. America is evolving into something historically unprecedented and newfangled. It is no longer the tolerant, enlightened, pluralist, "e pluribus unum", secular democratic America of the founding fathers.
Our system has been damaged by extreme liberalism, so it is looking at conservative values in the light of a lot of stupid liberal decisions. Liberals don't say the law says this, they say I wish the law meant this, and then they rule that way and claim that's what the law means. Bull.
 
Our system has been damaged by extreme liberalism, so it is looking at conservative values in the light of a lot of stupid liberal decisions. Liberals don't say the law says this, they say I wish the law meant this, and then they rule that way and claim that's what the law means. Bull.

You just accused extreme liberalism of what Thomas wants to do.
 
Yep, the law should just be whatever Trump says it is.
If he thinks differently than the last few hundred years of legal history then history needs to be ignored.
Only nerds think history matters and Trumps no puny nerd.
He's an all powerfull tough guy with a mighty big braIn.

He does the thinking so we don't have to.
What a guy!!!!!!!!!
 
Back
Top Bottom