Supreme Court justice Clarence calls Obergefell vs Hodges--marriage equality ruling-- "a demonstrably incorrect precedent. He appears to be trying to lay out an excuse to revisit the case in hopes of overturning it.
I confess I am thinking not very kind thoughts about him right now.
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One of the worst appointments to the court ever. He pretty much just takes up space.
Sticks48
Level 9
June 23, 2019
1
@AncientNight I wasn't talking best or worst. I was talking most useless. 
I'm trying to understand this. Stare decisis is about determining what's lawful according to precedent and this judge seems to be saying that some legal decisions in the past were not of the type that can be used as precedents. If that's right, I wonder how a person would know what type a legal decision is.
brentan
Level 8
June 23, 2019
1
I had a similar thought. Clearly some past decisions don't stand the test of time as cultural understanding of human rights changes, but based on what? Thomas said the Obergefell decission was "demonstrably incorrect" but without stating by what factual basis he makes that claim. Remember, that decision is only 6 years old.
Thomas is particularly offensive to me, and should be to any self-respecting secularist, because he champions the idea of "natural law" as a legal guiding principle. That basically equates to him saying that some areas of human conduct are, and should be, ruled by divine creator's master plan, which, of course, he thinks he gets to define, based on his personal Christian paradigm for what "truth" is. The man is a Dominionist, deeply sexist and anti-lgbtq, and reprehensible.
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