Ed. note: Welcome to our daily feature, Quote of the Day.
Well if I find it doesn’t make any sense … I think we should demand that, no matter what the case is, that it has more than just a simple theoretical basis.
[I]f [it’s] totally stupid, and that’s what they’ve decided, you don’t go along with it just because it’s decided.
— Justice Clarence Thomas, in remarks given during an appearance at The Catholic University of America Columbus School of Law, where he was asked how he balances stare decisis with originalist viewpoints. He went on to liken the Supreme Court’s reliance on precedent to adding more cars to the back of a long train, saying, “We never go to the front to see where it’s going. 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.”
Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.
The post Clarence Thomas Tells Us How He Really Feels About ‘Totally Stupid’ Precedent appeared first on Above the Law.
Ed. note: Welcome to our daily feature, Quote of the Day.
Well if I find it doesn’t make any sense … I think we should demand that, no matter what the case is, that it has more than just a simple theoretical basis.
[I]f [it’s] totally stupid, and that’s what they’ve decided, you don’t go along with it just because it’s decided.
— Justice Clarence Thomas, in remarks given during an appearance at The Catholic University of America Columbus School of Law, where he was asked how he balances stare decisis with originalist viewpoints. He went on to liken the Supreme Court’s reliance on precedent to adding more cars to the back of a long train, saying, “We never go to the front to see where it’s going. 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.”
Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.
