Thread: Justice Thomas confirms “precedent” is not the gospel--should be critically evaluated

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See: Clarence Thomas breaks with precedent

“He clarified, “But … the precedent should be respectful of our legal tradition, and our country and our laws, and be based on something – not just something somebody dreamt up and others went along with.”

Thomas has notably dissented from the Obergefell v. Hodges decision, which legalized same-sex marriage, reflecting his broader skepticism of certain substantive due process rulings”.

For those interested in why the Majority’s opinion in Obergefell v. Hodges is at odds with our Constitution and its understanding by those who framed and helped to ratify it, and is a glaring erroneous “precedent”, see Justice Thomas’s DISSENTING OPINION with whom Justice Scalia joins.

By contrast, Justice Kennedy in authoring the majority opinion, went on and on, page after page, with irrelevant historical notations having nothing to do with the terms and conditions set forth in our Constitution being violated, as found in the debates of the 39th Congress which actually framed and helped to ratify the Fourteenth Amendment, and is falsely alleged to have been violated by a number of States not issuing marriage licenses to same-sex couples.

See: MAJORITY OPINION Obergefell v. Hodges

The majority’s opinion blatantly ignores the Tenth Amendment’s powers reserved to the States and likewise ignores the fact that under our Constitution, Article V is the only lawful way to require the States to issue marriage licenses to same-sex couples.

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JWK


The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)