Justice Clarence Thomas recently stated that settled legal precedent should not be treated as “gospel,” suggesting some decisions may be based on questionable foundations. He criticized the court’s adherence to precedent, advocating for a re-evaluation of “stare decisis.” Thomas’s remarks come before the Supreme Court’s new term and follow the overturning of Roe v. Wade, where he also expressed a desire to reconsider other substantive due process precedents. This stance reflects a broader conservative effort to dismantle precedents related to civil liberties and social progress.
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A Georgia appeals court disqualified Fulton County District Attorney Fani Willis from the Trump election interference case, overturning a lower court’s decision. This ruling disregarded established precedent and common sense, stemming from a complaint alleging a conflict of interest due to a romantic relationship between Willis and a co-prosecutor. The appeals court’s decision, despite acknowledging no actual conflict, prioritized an unsubstantiated claim of “appearance of impropriety” over existing Georgia law. This action contradicts prior legal interpretations of conflict of interest and raises concerns about the consistent application of stare decisis. The reversal further suggests a disregard for the trial court’s superior position to assess the situation.
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Law will turn into chaos if the Supreme Court overturns too many cases, warns retired Justice Stephen Breyer. But let’s be honest, chaos is already here. The American legal system seems to be in a state of turmoil, with laws being manipulated to serve political and personal agendas rather than upholding justice. The recent overturning of longstanding precedents like Roe v. Wade raises questions about the stability and reliability of our legal framework. If the highest court in the land can simply discard established rulings based on personal beliefs, what does that say about the rule of law?
The lack of respect for precedent and stare decisis is alarming.… Continue reading
John Q. Hosedrinker