Supreme Court Justice Brett Kavanaugh sided with the majority Monday in a decision requiring unanimous verdicts in state criminal cases, but it was his citation of Roe v. Wade that left a few court observers wondering what he meant.
Meanwhile, Justice Clarence Thomas didn’t mince words in criticizing Roe.
The justices, in a 6-3 decision, overturned a 1972 Supreme Court case in ruling that the Sixth Amendment requires unanimous verdicts. The case involved a Louisiana man who was convicted of murder on a 10-2 verdict.
Much of the discussion among the justices focused on the legal doctrine of stare decisis, a Latin term meaning “to stand by things decided.” In essence, it’s the doctrine of precedent and is often discussed when the Supreme Court overturns a past case.
“The doctrine of stare decisis does not mean, of course, that the Court should never overrule erroneous precedents,” Kavanaugh wrote in a concurring opinion. “All Justices now on this Court agree that it is sometimes appropriate for the Court to overrule erroneous decisions. Indeed, in just the last few Terms, every current Member of this Court has voted to overrule multiple constitutional precedents.”
Kavanaugh then listed seven recent cases.
His mention of Roe v. Wade came in the next paragraph after he wrote, “Some of the Court’s most notable and consequential decisions have entailed overruling…
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