Clarence Thomas' America
Stare decisis is one of the most well established principles in the law. Simply put, it means that courts will not overturn established precedent without an extraordinary reason to do so. It is also a doctrine not held sacred by all nine Justices. In Justice Antonin Scalia's words, Justice Thomas "doesn't believe in stare decisis, period."
Because Justice Thomas does not feel bound by precedent, his opinions often call for substantial shifts in the law. These next two weeks, ACSBlog will explore several of these cases, explaining the history behind Thomas' disfavored doctrines, and suggesting how America would be different should Thomas' vision ever become law. We hope these pieces will be helpful in understanding the man President Bush calls a "model" Supreme Court Justice.
ACSBlog would like to thank Douglas Kendall of the Community Rights Counsel whose op-ed inspired this project, and Jason Rylander, also of CRC, whose Lone Opinions of Justice Clarence Thomas saved us many hours of research.
Past Entries:
1. In Clarence Thomas' America, There Is No Negative Commerce Clause
2. In Clarence Thomas' America, There is No Campaign Finance Regulation
3. In Clarence Thomas' America, Civil Rights Legislation Is In Jeopardy
5. In Clarence Thomas' America, The New Deal Is In Jeopardy
6. In Clarence Thomas' America, a Rule Against Self-Incrimination Would Serve to Incriminate
7. In Clarence Thomas’ America, There's No Such Thing As An Excessive Prison Sentence
8. In Clarence Thomas' America, Theocracy is an Acceptable Form of State Government
9. In Clarence Thomas' America, the Necessary & Proper Clause is in Jeopardy
10. In Clarence Thomas' America, Many More People Are Executed
11. In Clarence Thomas' America, Judicial Review Is Narrowly Circumscibed