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Thread: Conservative Supreme Court reverses earlier decision on sovereign immunity

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    Conservative Supreme Court reverses earlier decision on sovereign immunity

    A prudent step in the right direction.

    Conservative Supreme Court reverses earlier decision on sovereign immunity

    The Supreme Court ruled Monday that a state can maintain its sovereign immunity from lawsuits in other states, reversing a prior decision from the high court.

    In a 5-4 decision authored by Justice Clarence Thomas, the court’s conservative justices found that a state cannot be sued by a private party in another state court system without that state's consent. The ruling overturns a previous 1979 decision that found the Constitution does not shield the states from private lawsuits in other states.

    Thomas wrote that the previous ruling "misreads the historical record and misapprehends the 'implicit ordering of relationships within the federal system necessary to make the Constitution a workable governing charter and to give each provision within that document the full effect intended by the Framers.'"

    He said the past precedent is "irreconcilable with our constitutional structure and with the historical evidence" showing that states have immunity from the private lawsuits....
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    Uh-OH...

    ...putting Americans on the court means we're seeing bad precedents getting thrown out...

    ...are we going to throw the baby butcher out with the Wade-ibg pool?

    (Boy, thst really stunk....like dead fish eggs)
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

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    The possible implications are argued in Clarence Thomas Just Showed How Supreme Court Would Overturn Roe v. Wade

    In 1992, the Supreme Court looked poised to overturn Roe v. Wade, the landmark case protecting abortion rights. They didn’t, however, and the main reason was respect for precedent—specifically, the legal doctrine known as stare decisis, or “let the decision stand.”

    Would it do the same today, with over 250 laws meant to test the case pending in states across the country?

    An otherwise obscure case decided this week, Franchise Tax Board of California v. Hyatt, suggests that a majority of the court would not.

    Hyatt was, in large part, about stare decisis.... This week, the court overruled its 1979 decision by a vote of 5-4 and tossed out Hyatt’s claim.

    ...What was surprising is that stare decisis warranted only 318 words in Justice Thomas’ opinion, almost like an afterthought, and that Justice Thomas summarily waved away this important judicial doctrine.

    If this is how the court’s conservatives treat sovereign immunity, how will they treat abortion rights?...
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    This shows the court will over turn precedence. Good.
    ΜOΛΩΝ ΛΑΒΕ


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    Quote Originally Posted by Peter1469 View Post
    This shows the court will over turn precedence. Good.
    Agree. Stare decisis is good an all but precedent can be wrong and needs review.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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