Thomas urges Supreme Court to reverse 'demonstrably erroneous decisions'

2019-06-17
Source: WashingtonGuardian
by: Jacqueline Thomsen

Clarence Thomas by Ronald Reagan Presidential Library is licensed under Wikimedia Commons Public Domain

Justice Clarence Thomas on Monday said that the Supreme Court should take more action to overturn prior “demonstrably erroneous decisions.”

In a concurring opinion issued in a double-jeopardy case, Thomas wrote that he believes the court was correct in not overturning a doctrine that allows an individual to be charged with the same crime by federal and state prosecutors.

However, he wrote that the Supreme Court should revisit its use of the “stare decisis” doctrine, under which a past precedent is not be overturned unless there’s a compelling reason to do so.

Thomas wrote that the use of the judicial standard “elevates demonstrably erroneous decisions — meaning decisions outside the realm of permissible interpretation — over the text of the Constitution and other duly enacted federal law.”

Source: The Hill

Clarence Thomas by Ronald Reagan Presidential Library is licensed under Wikimedia Commons Public Domain

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