In a rare public appearance at Catholic University's law school, Supreme Court Justice Clarence Thomas questioned the continued reliance on judicial precedent, saying that previous decisions should not be treated as "the gospel." As the court prepares to open a new term with cases that could challenge major, long-standing rulings, Thomas suggested that precedent alone shouldn't dictate outcomes, especially if past decisions were made with little scrutiny, ABC News reports.
Thomas was speaking at the Washington, DC, school just days before the court hears cases that may overturn or reshape significant federal practices and more:
- The court will revisit Humphrey's Executor v. US, a 90-year-old decision limiting presidential authority over independent agencies.
- It will also consider Thornburg v. Gingles, a key ruling on race and redistricting.
- For the first time, the court is considering a direct request to revisit Obergefell v. Hodges, the 2015 decision legalizing same-sex marriage.
- The court is also being asked to reconsider a 127-year-old high court ruling when it looks at President Trump's changes to birthright citizenship, USA Today reports.
Reflecting on the role of "stare decisis"—the principle that courts should adhere to previous rulings—Thomas argued that it should not be a "talismanic" phrase that shuts down critical thinking. He likened blind faith in precedent to following a train without knowing who is at the controls, warning that some prior judgments may have simply been followed out of habit.
story continues below
Thomas has a history of challenging the Supreme Court's landmark opinions. In his 2022 concurrence in Dobbs v. Jackson Women's Health, which overturned Roe v. Wade, he called for the reconsideration of precedent-setting cases involving contraception, same-sex intimacy, and marriage.
,
uBlock 
,
and
Ghostery 
)
