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Clarence Thomas Just Showed How Supreme Court Would Overturn Roe v. Wade
In only 318 words, the arch-conservative laid out a roadmap for overturning decisions permitting abortion, same-sex marriage, and more
In 1992, the Supreme Court looked poised to overturn Roe v. Wade, the landmark case protecting abortion rights. They didn’t, however, and the main reason was respect for precedent—specifically, the legal doctrine known as stare decisis, or “let the decision stand.”
Would it do the same today, with over 250 laws meant to test the case pending in states across the country?
An otherwise obscure case decided this week, Franchise Tax Board of California v. Hyatt, suggests that a majority of the court would not.
Hyatt was, in large part, about stare decisis. A 1979 Supreme Court case, Nevada v. Hall, held that citizens can sue a state in another state’s court. In 1998, Gilbert Hyatt did just that as part of a tax dispute, with tens of millions of dollars at stake. This week, the court overruled its 1979 decision by a vote of 5-4 and tossed out Hyatt’s claim. The split was on ideological lines, with the court’s five conservatives in the majority and four liberals in the minority.
Of the 18 pages in the majority opinion written by Justice Clarence Thomas, 17 are about the legal question in the case, which revolves around states’ rights, sovereign immunity, and the Constitution. It’s no surprise that Justice Thomas, in particular, wrote this opinion, as states’ rights have been a focus of his for three decades.
What was surprising is that stare decisis warranted only 318 words in Justice Thomas’ opinion, almost like an afterthought, and that Justice Thomas summarily waved away this important judicial doctrine.
If this is how the court’s conservatives treat sovereign immunity, how will they treat abortion rights?
https://www.thedailybeast.com/clarence-thomas-shows-how-supreme-court-would-overturn-roe-v-wade?via=twitter_page
In 1992, the Supreme Court looked poised to overturn Roe v. Wade, the landmark case protecting abortion rights. They didn’t, however, and the main reason was respect for precedent—specifically, the legal doctrine known as stare decisis, or “let the decision stand.”
Would it do the same today, with over 250 laws meant to test the case pending in states across the country?
An otherwise obscure case decided this week, Franchise Tax Board of California v. Hyatt, suggests that a majority of the court would not.
Hyatt was, in large part, about stare decisis. A 1979 Supreme Court case, Nevada v. Hall, held that citizens can sue a state in another state’s court. In 1998, Gilbert Hyatt did just that as part of a tax dispute, with tens of millions of dollars at stake. This week, the court overruled its 1979 decision by a vote of 5-4 and tossed out Hyatt’s claim. The split was on ideological lines, with the court’s five conservatives in the majority and four liberals in the minority.
Of the 18 pages in the majority opinion written by Justice Clarence Thomas, 17 are about the legal question in the case, which revolves around states’ rights, sovereign immunity, and the Constitution. It’s no surprise that Justice Thomas, in particular, wrote this opinion, as states’ rights have been a focus of his for three decades.
What was surprising is that stare decisis warranted only 318 words in Justice Thomas’ opinion, almost like an afterthought, and that Justice Thomas summarily waved away this important judicial doctrine.
If this is how the court’s conservatives treat sovereign immunity, how will they treat abortion rights?
https://www.thedailybeast.com/clarence-thomas-shows-how-supreme-court-would-overturn-roe-v-wade?via=twitter_page
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