\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

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

JUSTICE THOMAS, concurring. Justice Byron White joined the ...
Sooty Floppy Nursing Home
  06/21/18
Thomas gets a lot of shit in law schools, but he seems like ...
curious impertinent center
  06/21/18
the more someone gets shit on in law school classrooms, the ...
Sooty Floppy Nursing Home
  06/21/18


Poast new message in this thread



Reply Favorite

Date: June 21st, 2018 2:33 PM
Author: Sooty Floppy Nursing Home

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)



Reply Favorite

Date: June 21st, 2018 2:35 PM
Author: curious impertinent center

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)



Reply Favorite

Date: June 21st, 2018 2:37 PM
Author: Sooty Floppy Nursing Home

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)