""I think we should demand that, no matter what the case is, that it has more than just a simple theoretical basis," Thomas said, via legal news outlet Above the Law. "[If it's] totally stupid, and that's what they've decided, you don't go along with it just because it's decided. You could go up to the engine room and find that it's an orangutan driving. And you're going to follow that? I think we owe our fellow citizens more than that.""
""I don't think that ... any of these cases that have been decided are the gospel," he continued. "And I do give perspective to the precedent. But ... the precedent should be respectful of our legal tradition, and our country and our laws, and be based on something - not just something somebody dreamt up and others went along with.""
Supreme Court precedent is not absolute and may be overturned when it lacks a sensible legal basis. Precedent should rest on more than theoretical reasoning and must be respectful of legal tradition, the country's institutions, and statutory law. Some prior rulings protecting contraception, marriage equality, sodomy, and other private consensual sex acts were labeled demonstrably erroneous and identified as candidates for reconsideration after Roe v. Wade was overturned in 2022. A dissenting vote opposed the 2015 Obergefell v. Hodges decision that established nationwide same‑sex marriage rights. Nine states have filed resolutions asking the court to revisit Obergefell.
Read at Advocate.com
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