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Politics : Politics for Pros- moderated

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To: ManyMoose who wrote (246917)	4/22/2008 5:26:08 PM
From: goldworldnet	Read Replies (2) of 793954

This guy is not a fan of Clarence Thomas, but when it comes to why I like him so much, this writer gets it exactly right. 3 features of Thomas’ jurisprudence Justice Thomas’ extreme view of stare decisis has three features that distinguish him from the rest of the Court, all of which deserve attention. First, he is unflinchingly honest. If he thinks the old cases should be discarded, he says so. Second, he is thinking big and tackling the serious questions in constitutional law to which the Court has not given a fresh look in decades. Third and most fundamentally, he believes that precedent qua precedent concerning constitutional law has no value at all; he does not give stare decisis any weight. Justice Thomas’ view is, at bottom, a doctrine of constitutional stare indecisis. firstamendmentcenter.org * * *

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