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Thomas Questions Sanctity of Precedent as Supreme Court Nears Term to Revisit Major Rulings

The comments preview a term with potential reversals across agency oversight, voting rights, marriage law.

Overview

  • Speaking Sept. 25 at Catholic University’s law school, Justice Clarence Thomas said prior decisions are not “the gospel” and criticized blind reliance on stare decisis, invoking a “train” analogy to urge fresh scrutiny.
  • The Court has scheduled arguments in Louisiana v. Callais for Oct. 15 on Section 2 redistricting rules that rest on the 1986 Thornburg v. Gingles framework.
  • In December, justices will hear Trump v. Slaughter, a challenge that invites reconsideration of the 1935 Humphrey’s Executor ruling limiting presidential removal of independent agency officials.
  • The Court is also weighing a petition asking it to revisit Obergefell v. Hodges, with no grant yet on the same‑sex marriage ruling.
  • Recent emergency rulings allowed President Trump to remove Democratic appointees at agencies including the FTC, drawing a dissent from Justice Elena Kagan as Thomas points to past reversals and his 2022 Dobbs concurrence urging reevaluation of substantive due process cases.