The Supreme Court is nearing the end of its current term.
This is the time when the Court charts America’s future.
And Clarence Thomas just stopped everyone dead in their tracks with one announcement.
One closely-watched case before the Supreme Court this term was Gamble v. United States.
Gamble’s lawyers challenged the ability of the federal government to bring identical charges that Gamble had already been convicted of at the state level.
They argued this violated the double jeopardy protections in the Constitution.
Court watchers circled this case because it had implications for the Trump administration since New York State filed criminal charges against former Trump campaign chairman Paul Manafort to prevent Trump from pardoning Manafort and spare him jail time from his federal conviction.
The court upheld Gamble’s federal conviction, but that was not the most noteworthy aspect of the case.
Justice Clarence Thomas offered a concurring opinion that he previously used to attack the principle of “stare decisis” – or “let the decision stand.”
This effectively means that the Supreme Court should be bound by past precedent.
“Stare Decisis” is a major point of contention in Supreme Court confirmation hearings as Democrats will berate Republican nominees about their adherence to precedent because they want them to be in favor of keeping Roe v Wade as the law of the land.
Thomas attacked the principle of “stare decisis” for the second time this session in one of his opinions.
The longest serving Justice on the Supreme Court previously went after the principle in an opinion on Indiana abortion laws.
In his Gamble opinion, Justice Thomas attacked the idea that Justices were bound by “erroneous” decisions from the past.
“I write separately to address the proper role of the doctrine of stare decisis. In my view, the Court’s typical formulation of the stare decisis standard does not comport with our judicial duty under Article III because it elevates demonstrably erroneous decisions—meaning decisions outside the realm of permissible interpretation—over the text of the Constitution and other duly enacted federal law,” Thomas wrote.
“In my view, if the Court encounters a decision that is demonstrably erroneous—i.e., one that is not a permissible interpretation of the text—the Court should correct the error, regardless of whether other factors support overruling the precedent,” Thomas continued.
Thomas attacking “stare decisis” twice this term means he is laying down a marker that he wants to overturn Roe v Wade.
And it has become abundantly clear that the court is on a collision course with Roe v Wade.
Republican governors across the country are signing bills into law that protect the life of the unborn as soon as a heartbeat is detected.
Justices have tried for years to avoid a direct challenge to Roe.
But the day is soon coming where the Supreme Court will have to take on one of the worst decisions in the nation’s history.
And Justice Thomas is making it clear that the Supreme Court cannot be bound by “erroneously decided cases.”
Conservative Revival will keep you up to date on any breaking news from the Supreme Court.