Supreme Court Justice Clarence Thomas calls for re-examining landmark libel case

[WhiteTara]

https://www.arkansasonline.com/news/2019/feb/19/supreme-court-justice-clarence-thomas-calls-re-exa/?latest

I had forgotten Thomas was still on the bench; but he seems to have lost his muzzle and is now channeling Anton Scalia.

WASHINGTON — Justice Clarence Thomas says the Supreme Court should consider overturning a 55-year-old landmark ruling that makes it hard for public figures to win libel suits, writing in a case involving a woman who says Bill Cosby raped her.

Thomas took aim at New York Times v. Sullivan and similar cases that followed it, calling them "policy-driven decisions masquerading as constitutional law."

"We should not continue to reflexively apply this policy-driven approach to the Constitution," Thomas wrote in a 14-page opinion that no other justice joined.

The opinion comes against the backdrop of President Donald Trump's repeated calls to make it easier to sue for libel. Last weekend, Trump reacted to a Saturday Night Live skit by asking on Twitter, "How do the Networks get away with these total Republican hit jobs without retribution? Likewise for many other shows? Very unfair and should be looked into."

On Tuesday, the high court rejected an appeal from actress Kathrine McKee, who said Cosby raped her in 1974. McKee sued Cosby for damaging her reputation after a lawyer for the comedian allegedly leaked a letter attacking McKee. Two lower courts ruled against her and dismissed the case, based largely on McKee's role as a public figure.

snip

He is not the first justice to criticize the 1964 case, though he appears to be the first to issue a call for its reconsideration in a Supreme Court opinion. The late Justice Antonin Scalia took a similarly dim view of the Sullivan ruling, once saying in a televised interview that he abhorred it.

[mahina]

1. Now why would he want to do that ? Oh right, Chump.

[jaysunb]

2. Thomas finally said something I agree with. Damn n/t

[a kennedy]

3. Yah, isn't this the first time he's opened his mouth???

[BumRushDaShow]

4. What's scarier is

as someone whose normal opinions are no more than 1 page, he found time to actually write 14 pages!

https://www.supremecourt.gov/opinions/18pdf/17-1542_ihdk.pdf (PDF file)

[former9thward]

6. His opinions are the same length as the other Justices.

As someone who has to read them I wish the Justices would write one page opinions.

[Squinch]

5. Reconsider Citizens United first, Clarence.