The court is expected to weigh in next session on same-sex marriage, which it legalized in 2015
Settled legal precedent in the US is not “gospel” and in some instances may have been “something somebody dreamt up and others went along with”, the US supreme court justice Clarence Thomas has said.
Thomas – part of the conservative supermajority that has taken hold of the supreme court over Donald Trump’s two presidencies – delivered those comments Thursday at the Catholic University of America’s Columbus School of Law in Washington DC, ABC News and other outlets reported. His remarks preceded the nine-month term that the supreme court is scheduled to begin on 6 October.
“I don’t think that … any of these cases that have been decided are the gospel,” Thomas said during the rare public appearance, invoking a term which in a religious context is often used to refer to the word of God. “And I do give perspective to the precedent. 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.”
So wouldn’t this mean that past SCOTUS decisions are irrelevant to new cases? So people could legitimately keep bringing near-identical cases to the SCOTUS level and have a legitimate expectation for them to be decided? That sounds obviously unwise even by current SCOTUS standards.
Mind you, Thomas probably wants to go by a rule of “precedent matters when I say it does”, so consistency is irrelevant.
I think to a degree it’s never mattered. If the composition of the Supreme Court has changed enough, then they just come up with their own ad-hoc justification to make new rulings over old cases. Before her death, I remember RBG was encouraging the public to bring new cases regarding older rulings.