Justice Clarence Thomas said overruling a 40-year precedent is justified because it wrongly interpreted the Constitution.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow May 13 at 12:36 PM The Supreme Court’s conservative majority overturned a 41-year-old precedent Monday, prompting a pointed warning from liberal justices about “which cases the court will overrule next.”
Thomas acknowledged the departure from the legal doctrine of stare decisis, in which courts are to abide by settled law without a compelling reason to overrule the decision. Justice Stephen G. Breyer clearly had other issues — abortion rights, for instance, or affirmative action — in mind in his dissent.
Thomas sided with the view that “the states’ sovereign immunity is a historically rooted principle embedded in the text and structure of the Constitution.” “Stare decisis requires us to follow Hall, not overrule it,” Breyer wrote, mentioning one of the court’s decisions upholding abortion rights as an example. “What could the justification be in this case? The majority doesn’t find one.”
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