Justice Thomas Says U.S. Supreme Court Shouldn’t Uphold ‘Demonstrably Erroneous’ Precedents, Prompts References to Roe v. Wade

Supreme Court Associate Justice Clarence Thomas, appointed by President George H. W. Bush, sits with fellow Supreme Court justices for a group portrait at the Supreme Court Building in Washington, on Nov. 30, 2018. J. Scott Applewhite/AP Photo

Justice Clarence Thomas on June 17 said that the U.S. Supreme Court should not feel obligated to uphold precedents in reaching decisions, prompting observers to express concerns about the potential overturning of the 1973 Supreme Court ruling, Roe v. Wade.

Thomas said in a case opinion (pdf) that the court should reconsider its standard for reviewing precedents. He said the court’s nine justices should not uphold precedents that are “demonstrably erroneous.”