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Effectively if I discover it doesn’t make any sense … I feel we should always demand that, it doesn’t matter what the case is, that it has greater than only a easy theoretical foundation.
[I]f [it’s] completely silly, and that’s what they’ve determined, you don’t associate with it simply because it’s determined.
— Justice Clarence Thomas, in remarks given throughout an look at The Catholic College of America Columbus College of Legislation, the place he was requested how he balances stare decisis with originalist viewpoints. He went on to liken the Supreme Court docket’s reliance on precedent to including extra vehicles to the again of an extended practice, saying, “We by no means go to the entrance to see the place it’s going. You could possibly go as much as the engine room and discover that it’s an orangutan driving. And also you’re going to observe that? I feel we owe our fellow residents greater than that.”

Staci Zaretsky is the managing editor of Above the Legislation, the place she’s labored since 2011. She’d love to listen to from you, so please be at liberty to e-mail her with any suggestions, questions, feedback, or critiques. You possibly can observe her on Bluesky, X/Twitter, and Threads, or join together with her on LinkedIn.