....is shown dramatically by Justice Clarence Thomas' concurring opinion in McDonald vs. Chicago, where he argues not a due process interpretation of the 14th Amendment, but rather a privileges and immunities clause--and makes the case that an 1873 case which (to many legal scholars) had rendered that clause "a nullity" was itself incorrectly decided.
It is refreshing to see a Justice understanding the limits of stare decisis--which is a necessity of legal abominations like Roe v. Wade are ever to be overturned. It is even more refreshing to see a Justice point to the suffering of his own people occasioned by the 1873 case as a major reason for returning to the Constitution instead of abiding by a shamefully wrong decision.
Berg’s Law: Forward
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“Reality has become too absurd to be satirized” Ironically, tracking down
the attribution for this classic aphorism is, itself, an exercise in
absurdity. ...
10 hours ago
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