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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?""
abcnews.go.com
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.
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?""

Justice Clarence Thomas says legal precedents are not 'the gospel'
Justice Clarence Thomas says the Supreme Court should take a more critical approach to settled precedent. It is not "the gospel," he says.
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.