In Praise Of K's

By Pejman Yousefzadeh Posted in | | | — Comments (4) / Email this page » / Leave a comment »

Robert Levy bemoans the almost-complete elimination of the Contracts Clause from our Constitutional jurisprudence. And well he should; here is an instance where originalists ought to prefer Thomist jurisprudence to the Scalian variety. Though I do not cover it in my article, one of the salient aspects of Justice Thomas's originalist approach is that he is less willing to heed stare decisis when it runs counter to originalist findings. Justice Scalia, by contrast, is more willing to let faulty opinions stand. In some cases, he may be right and it may be too difficult to put the toothpaste back in the tube, jurisprudentially speaking. But in others, the Thomist viewpoint is the way to go, and too often, Justice Scalia disappoints by not embracing Thomist jurisprudential principles.

In Praise Of K's 4 Comments (0 topical, 4 editorial, 0 hidden) Post a comment »
Never heard about the Gold by jimmuy8

Never heard about the Gold Clause cases in law school. Surprise.

Thomas has my vote for "First Human to be Cloned" just because he's the only Justice who seems willing to overturn the Slaughterhouse cases. And because of how he slapped down affirmative action questions when I heard him speak.

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Ever since Raich, I thought Thomas was better by ZootSuit

Ever since Gonzales v. Raich, 545 U.S. 1 (2005) I thought Justice Thomas was the superior Justice to Justice Scalia. In fact, even more telling is that Justice Scalia did not join in Justice Thomas' separate dissent in Kelo v. City of New London, 545 U.S. 469 (2005)

Please don't get me wrong. I still think that Justice Scalia is great but I just think Justice Thomas is even greater.

Reply To This — User Info — #2
Same here by tcgeol

Raich was a poor decision by Scalia, and one he knew better than to make. But he is still a great justice.

Reply To This — User Info — #3
Pejman, Nice posting, and by daithi

Pejman,

Nice posting, and both the articals you referred to in your posting were outstanding.

I really don't understand why more people don't take these court decisions more seriously. It seems to me like they get far more worked up over trivial matters.
______________________________
"The truth is not for all men, but only for those who seek it."
-Ayn Rand

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