Nomination Nation

News, views, and gossip about judicial appointments. Please send your tips to Pozinski [at] gmail [dot] com or Senator [dot] Spectator [at] gmail [dot] com.

Tuesday, October 19, 2004

When There are Only Nine, Each Justice Matters

The official Blog of the American Constitution Society has introduced a feature entitled "Clarence Thomas' America." Here is its lede:

Stare decisis is one of the most well established principles in the law. Simply put, it means that courts will not overturn established precedent without an extraordinary reason to do so. It is also a doctrine not held sacred by all nine Justices. In Justice Antonin Scalia's words, Justice Thomas "doesn't believe in stare decisis, period."

Because Justice Thomas does not feel bound by precedent, his opinions often call for substantial shifts in the law. These next two weeks, ACSBlog will explore several of these cases, explaining the history behind Thomas' disfavored doctrines, and suggesting how America would be different should Thomas' vision ever become law. We hope these pieces will be helpful in understanding the man President Bush calls a "model" Supreme Court Justice.

The first post, entitled "In Clarence Thomas' America, There Is No Negative Commerce Clause" can be found here. The second post, "In Clarence Thomas' America, There Is No Campaign Finance Regulation" is here.

Ed's note: Nomination Nation is non-partisan and does not endose or adopt the views of any organization.


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