Skip to comments.Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases...
Posted on 05/14/2019 1:52:55 AM PDT by blueplum
Full Title: Supreme Courts conservatives overturn precedent as liberals ask which cases the court will overrule next
The Supreme Courts conservative majority overturned a 41-year-old precedent Monday, prompting a pointed warning from liberal justices about which cases the court will overrule next.
The issue in Mondays 5 to 4 ruling was one of limited impact: whether states have sovereign immunity from private lawsuits in the courts of other states. In 1979, the Supreme Court ruled that there is no constitutional right to such immunity, although states are free to extend it to one another and often do.
But the courts conservative majority overruled that decision, saying there was an implied right in the Constitution that means states could not be haled involuntarily before each others courts, in the words of Justice Clarence Thomas, who wrote Mondays decision.
(Excerpt) Read more at msn.com ...
How long was Dred Scott a precedent before it was overturned?
Just the beginning, Bob. Just the beginning.
I hope Ruth Bader Ginsburg spends her last days on earth watching her Liberal fantasies collapse. Poetic Supreme Court Justice.
More proof that leftist judges are not for interpreting the US Constitution but for legislating from the bench.
While California is despicable, the ruling to me seems correct provided that the digging happened in California.
awwww, sorry liberals, but it is now SETTLED LAW.
Clarence Thomas said:
the courts decision four decades ago in Nevada v. Hall is contrary to our constitutional design and the understanding of sovereign immunity shared by the states that ratified the Constitution. Stare decisis does not compel continued adherence to this erroneous precedent.
the 1979 ruling was 6-3.
the two most conservative judges, Rehnquist and Burger ruled for the Constitution. The other pro-Constitution judge was “moderate” Blackmun.
Voting to ignore the founding document?
Marshall, Brennan (a major league disappointment), Stevens, White, Stewart and Powell.
Elections have consequences.
Oh the Hugh Manatee...
All of them, Bob. All of them.
Dred Scot remained the law of the land until the passage of the Thirteenth Amendment in 1865, so about eight years.
It smells like the conservatives on the Supreme Court are carefully laying down the precedents necessary to overturn the most outrageous of the left's decisions, especially Roe versus Wade.
This is superficially not the way justice is supposed to work but it is the way the Supreme Court has often operated, indeed if one takes a long perspective, it is the way the common law has always worked. When Brown versus the board overturned Plessy versus Ferguson, the matter was held in the court for a long time until the decision could be made unanimous. The delay, not necessarily the holding, was not a legal operation, it was purely political.
It would be nice if the Chief Justice would find a way to fashion a precedent forbidding District Court judges from usurping the role and duties of the commander-in-chief.
“...as liberals ask which cases the court will overrule next”
The one that outlawed automatic weapons, and the one that mandated background checks for firearms.
Tough call for the inventor Gilbert Hyatt, because he’ll never get justice in the Fascist State of California.
I agree that states cannot "be haled involuntarily before each others courts - even though that means the festering pustule of California Natzional Socializm continues to spread its rot to the adjoining states...
A very reasoned analysis. Thanks.
“I hope Ruth Bader Ginsburg spends her last days on earth watching her Liberal fantasies collapse. Poetic Supreme Court Justice.”
But was she there...
Reminds me of the old 70s commercial, “was it live or was it Memorex.”
Libtards overturned 5000 years of recorded human history precedent when they decreed that marriage laws must apply to any twosome. Justice Kennedy was the swing vote.
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