As you may know, the U.S. Supreme Court announced that it will review the constitutionality of the Defense of Marriage Act. Sean Higgins over at The Washington Examiner argues that the conservative Republican jurist may be the surprise swing vote on the issue: "Thomas is generally seen as a staunch conservative to the right
of even Justice Antonin Scalia. He notably thinks little of the concept
of stare decisis,
meaning that legal precedents don’t matter much to him if he thinks
they interfere with a plain reading of the Constitution’s text. Thus he
has been unafraid to attack long-ingrained liberal precedents. But Thomas’ legal thinking also has a strong libertarian bent. If he
thinks the Constitution does not bar it he has been inclined to allow
it. The caveat here is that his reading of the Constitution has also
given states leeway in drafting laws."
Will Justice Clarence Thomas Vote For Gay Marriage?
Posted by
Shay Riley
at
12/10/2012
Labels: U.S. Judiciary