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Justice Clarence Thomas Calls for Abandoning ‘demonstrably erroneous’ recedent, touching off Roe v. Wade speculation

In a concurring opinion in a Supreme Court case announced Monday, Justice Clarence Thomas issued a lengthy call for his colleagues to overturn “demonstrably erroneous decisions” even if they have been upheld for decades — prompting legal observers to say Thomas was laying the groundwork to overturn the seminal 1973 case Roe v. Wade, which established a constitutional right to abortion. When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it,” Thomas wrote, noting that lower federal courts should also disregard poor precedents. Thomas went on to add that precedent “may remain relevant when it is not demonstrably erroneous.” Read more.

 

 

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