Clarence Thomas Is Right

Stare Decisis is a Latin phrase, commonly used in law that roughly translates to:

 “Let wrong decisions of the Warren Court stand”

Regardless of your personal opinion in the Pro-Life/Pro-Choice debate , Roe v Wade was a terrible opinion bereft of even a modicum of legal merit and substantive due process is a garbage legal doctrine invented out of thin air by the Warren Court a century after the 14th amendment was ratified.

The only people who could disagree with that statement are people who have never read the actual case brief for Roe v Wade and never bothered to so much as read the 14th amendment, much less earnestly try to give it a good faith interpretation.

Full Case Brief - Roe v. Wade, 410 U.S. 113 (1973)
Today In Supreme Court History - Roe v Wade (1973)
The 14th Amendment & Incorporation Doctrine

Clarence Thomas was right to say as much in his concurrence in Dobbs. This is a position He (and much less importantly I) have held for many years. 

A careful reading of Thomas’ opinion is, in many respects, less detrimental to the protection of unenumerated rights, secured by substantive due process than either Justice Alito’s majority opinion and Justice Kavanaugh’s concurring opinion.

This is because he is the only one who suggests how the 14th amendment could be used in its original public meaning to secure many of the unenumerated rights that have been created with the imaginary theory of substantive due process , through the original public meaning of the 14th amendment’s Privileges & Immunities Clause 

AMENDMENT XIV, SECTION 1

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....

In this episode we briefly discuss why Thomas is right and why those on the left who have turned into  violent racist bigots over this decision are demonstrating a new low in their pursuit of political ends through mostly peaceful violence and mostly non-racist racism

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Legalese is a podcast that discusses current events in law, politics & culture.

Legalese is a podcast that discusses current events in law, politics & culture

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