Precedent

If you had invited somebody else to do it, they may have been less persnickety about it, but I [laughs] felt like I had to be a little bit more protective there.

And then there was a line about, uh, stare decisis that made him sound more like Justice Thomas than, than himself.

Mm-hmm.

Yeah.

Uh, so I, I thought we should, we should have changed that.

And just to explain that one for a second, 'cause I found that super interesting.

Justice Thomas's position is, especially when it comes to the Constitution, stare decisis is at its weakest, because only judges can really change constitutional interpretation, and therefore, if a previous court got it wrong about the Constitution, who cares if it's precedent? You should change it and get the Constitution right.

This is exactly why Justice Scalia used the term faint-hearted originalist.