Jan Crawford Greenburg - Justice Thomas's Misunderstood Role
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Thank you for posting this, ForaTv.
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@sklanger Excellent point - and please don't get me wrong, I am no Justice Thomas basher. But for better or worse, every now and then the Supreme Court is faced with decisions that can have truly massive impacts on society - both present and future. Ordered liberty demands consistency, and thus to abandon stare decisis requires extraordinarily compelling reasons to do so (in my opinion). Check out Justice Breyer's dissent in Arizona v. Gant... Inexorable? No. But highly, HIGHLY persuasive.
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@jpsartrean Stare decisis is not an inexorable command. Payne v. Tennessee, 501 U.S. 808, 828 (1991). To give greater deference to stare decisis "in this area" but not others is to entrench one's policy preferences under the guise of selective deference to past decisions. His approach has the virtue of being consistent.
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@sklanger For as great a legal mind as Holmes had, he was certainly not without fault... Consider his views in Buck v. Bell and forced sterilization. Regarding 'doctrinal construction,' while I would agree that creating laws/rights is beyond the proper scope of judicial authority, I also think Justice Thomas should nonetheless give greater deference to stare decisis in this area (for example, the Griswald 'right to privacy' caseline).
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she's hot!
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@dianeliebowitz whaaa?
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that bitch is a nasty heeb.
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wrong way to say it in regards to jewish people, but I think liberals expect all blacks to be beholden to their handouts and government cheese...I agree blacks need to wake up and get out of this dogmatic stage...take back personal responsibility
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Thomas is the best justice, the man has guts.
3 years ago 7
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He is his own man. That's to be applauded
54spiritedwill54 3 years ago 10
"Jew" media? What the fuck is that supposed to mean. When you substitute your own prejudices for those against Thomas, you're no better than those you attack.
sklanger 3 years ago 8