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Clarence Thomas Questions Stare Decisis as Supreme Court Nears Tests of Major Precedents

The justice spoke days before a term expected to feature cases that could broaden presidential removal power or alter voting-rights doctrine.

Overview

  • In a rare public appearance, Thomas said decided cases are not "the gospel" and urged the Court to stop treating stare decisis as automatic.
  • He likened blind adherence to precedent to riding a train without checking "who's driving," invoking an "orangutan" analogy to press for scrutiny of past rulings.
  • The Court will hear Louisiana v. Callais on Oct. 15, a redistricting case that could weaken Section 2 Voting Rights Act challenges and revisit the 1986 Gingles framework.
  • Arguments in Trump v. Slaughter are set for December, positioning the justices to reconsider Humphrey’s Executor and limits on removing independent-agency officials.
  • Justices are weighing a petition that explicitly asks them to revisit Obergefell, as recent emergency orders allowing removals of agency officials drew a dissent from Justice Elena Kagan.