The Most Fearful Part of the Supreme Court’s Planned Parenthood Ruling
Thomas argued that the “narrow law of the era of reconstruction” had “exceeded” its original conceptions, which, according to him, were limited to applying the fourteenth recently ratified amendment. He argued that the part “and the laws”, which was added in a revision of 1874, had no legal weight because it was not intended to modify the objective of the initial provision. Until Monroe, Thomas argued that the affairs of article 1983 were rare and intended only to apply the rights protected by the federal laws of the era of reconstruction.
“Job-Monroe, The courts had to face a “deluge” of the deposits of the 1983 article in the number of tens of thousands of people each year, “he complained, although it is not clear why it would be relevant.” The “little resemblance” between the 1983 section today and the 1983 section, because it was traditionally understood creates a good reason to doubt our modern understanding “, he argued.
Although it was the most energetic argument against the 1983 section that Thomas has advanced, he noted that he had hinted in recent years. In a footnote to the opinion of Thursday, for example, he stressed that he suggested in 2020 that the language “under the color” of the provision should be read to cover only the laws and orders of the States, and not those responsible for the acting state in their official title as it is currently heard. This would erase a wide range of complaints from article 1983 in general and, in particular, almost all those linked to police misconduct.
Thomas has also suggested that article 1983 should be reduced to laws “promulgated under The powers of application of the changes in the reconstruction of the congress “and, even more daringly, wondered if the provision” even provides a cause of self -supporting action “, stressing a dissent that he wrote earlier this year in a case of unemployment for unemployment where he considered that he” doubted[ed] that petitioners have a real interest in the regular procedure for “simple advantages and rights of the government”. »»
