Title : "We use stare decisis as a mantra when we don’t want to think."
link : "We use stare decisis as a mantra when we don’t want to think."
"We use stare decisis as a mantra when we don’t want to think."
Said Justice Clarence Thomas, quoted in "Clarence Thomas says he worries respect for institutions is eroding" (WaPo).
Some of the people who think think about the way stare decisis preserves respect for the Court.
Thomas worried about the "different attitude of the young" and how they bully the Court when they don't get the outcome they want, but how deferential to authority should young people be?
When you impugn stare decisis as a "mantra," you call for more analysis and criticism and less passive obeisance to authority. I would say that's inconsistent with a demand that we accept the outcomes handed down by the Court from on high. That too is obeisance.
The Court seems to be withdrawing a right that was in place for 50 years. You can't expect people to humbly receive the new version of what the law is. Did you think we'd all sit quietly reading a hundred pages of careful reasoning and be impressed by the cogency of it all? There's a good chance that no one has dutifully read every word. We jump into guesses and theories about what's really going on.
It's not just these kids today. People have never regarded the Supreme Court as an oracle of truth. We can and should criticize the Court. It's not bullying!
Thus articles "We use stare decisis as a mantra when we don’t want to think."
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