"The astute reader will note that at no point are judges supposed to say that prior precedent was wrong. They’re not supposed to come out and say, “We are overturning this old case, because we don’t like it anymore and desire different political and legal outcomes. Thank you for coming to my TED talk.” Congress is allowed to do that, but not the courts. Clarence Thomas is saying: To hell with all that. He knows that the normal way of dealing with stare decisis is not to “turn your brain off.” His problem is that the legitimate ways of overturning prior opinions doesn’t get him to where he wants to go. He can’t say anything has materially changed since, for instance, Obergefell v. Hodges, which recognized same-sex marriage. He can’t distinguish new marriage equality cases from the old one, and Stephen Miller hasn’t furnished him with a new constitutional amendment to outlaw the practice. But he certainly doesn’t want gay couples to get married. Stare decisis blocks him from stopping them, so he’s telling people to ignore stare decisis. Thomas thinks that some prior decisions were just wrong and he gets to decide what is wrong and what is right, even though nobody elected him to do that work. Here’s another quote from his Catholic University talk: “We never go to the front [to] see who’s driving the train, where is it going. And you could go up there in the engine room, find it’s an orangutan driving the train, but you want to follow that just because it’s a train.” First of all, I swear Thomas is the only Black public intellectual I am familiar with who uses simian analogies when describing something he thinks is stupid. They need to add him to the DSM as a new form of “self-loathing.”"