Hyatt was, in large part, about stare decisis. A 1979 Supreme Court case, Nevada v. Hall, held that citizens can sue a state in another state’s court. In 1998, Gilbert Hyatt did just that as part of a tax dispute, with tens of millions Smoking USA Newport and Marlboro Cigarettes of dollars at stake. This week, the court overruled its 1979 decision by a vote of 5-4 and tossed out Hyatt’s claim. The split was on ideological lines, with the court’s five conservatives in the majority and four liberals in the minority.
Of the 18 pages in the majority opinion written by Justice Clarence Online Cigarettes Store USA and Buy Cigarettes Online Thomas, 17 are about the legal question in the case, which revolves around states’ rights, sovereign immunity, and the Constitution. It’s no surprise that Justice Thomas, in particular, wrote this opinion, as states’ rights have been a focus of his for three decades.
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?
That’s what Justice Stephen Breyer asked in his dissent. Unlike the majority opinion, Justice Breyer’s dissent devoted over a quarter of its space to stare decisis. And he concluded, “today’s decision can only cause one to wonder which cases the Court will overrule next.”
It’s not hard to guess which cases Justice Breyer was wondering about. Because the same logic applied in Hyatt would overturn not only Roe v. Wade but also the court’s precedent on same-sex marriage, Obergefell v. Hodges.
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