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CT's Concurrence In SD v Wayfair Is Alpha As Fuck

JUSTICE THOMAS, concurring. Justice Byron White joined the ...
slap-happy heady tanning salon
  06/21/18
Thomas gets a lot of shit in law schools, but he seems like ...
Razzle corner
  06/21/18
the more someone gets shit on in law school classrooms, the ...
slap-happy heady tanning salon
  06/21/18


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Date: June 21st, 2018 2:33 PM
Author: slap-happy heady tanning salon

JUSTICE THOMAS, concurring.

Justice Byron White joined the majority opinion in

National Bellas Hess, Inc. v. Department of Revenue of Ill.,

386 U. S. 753 (1967). Twenty-five years later, we had the

opportunity to overrule Bellas Hess in Quill Corp. v. North

Dakota, 504 U. S. 298 (1992). Only Justice White voted to

do so. See id., at 322 (opinion concurring in part and

dissenting in part). I should have joined his opinion.

Today, I am slightly further removed from Quill than

Justice White was from Bellas Hess. And like Justice

White, a quarter century of experience has convinced me

that Bellas Hess and Quill “can no longer be rationally

justified.” 504 U. S., at 333. The same is true for this

Court’s entire negative Commerce Clause jurisprudence.

See Comptroller of Treasury of Md. v. Wynne, 575 U. S.

___, ___ (2015) (THOMAS, J., dissenting) (slip op., at 1).

Although I adhered to that jurisprudence in Quill, it is

never too late to “surrende[r] former views to a better

considered position.” McGrath v. Kristensen, 340 U. S.

162, 178 (1950) (Jackson, J., concurring). I therefore join

the Court’s opinion.

(http://www.autoadmit.com/thread.php?thread_id=4007333&forum_id=2#36285332)



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Date: June 21st, 2018 2:35 PM
Author: Razzle corner

Thomas gets a lot of shit in law schools, but he seems like a relatively principled guy.

(http://www.autoadmit.com/thread.php?thread_id=4007333&forum_id=2#36285343)



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Date: June 21st, 2018 2:37 PM
Author: slap-happy heady tanning salon

the more someone gets shit on in law school classrooms, the more likely they are to be a principled guy

(http://www.autoadmit.com/thread.php?thread_id=4007333&forum_id=2#36285362)