SCOTUS: In dissent, Thomas calls for Batson to be overruled!

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In Flowers v. Mississippi, Clarence Thomas called for Batson v. Kentucky to be overruled in his horrible dissent. Batson says race cannot be used as a reason to exclude potential jury members.

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The decision was 7-2, with Gorsuch also dissenting. Gorsuch, however, did not join Thomas’ call for Batson to be overruled in Flowers v. Mississippi.

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If flowers is overruled and wrote was overruled, does that mean defense attorneys will start preempting people in abortion trials for being even Fundagelical, Mormon, Or Catholic? Basically, you could turn the entire system into catch and release based on being able to reliably game the voir dire process.

Yes. If if the Establishment Clause is gutted. Thomas thinks the Establishment Clause (and probably the Free Exercise Clause) doesn’t apply to the states.

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If flowers is overruled and wrote was overruled, does that mean defense attorneys will start preempting people in abortion trials for being even Fundagelical, Mormon, Or Catholic? Basically, you could turn the entire system into catch and release based on being able to reliably game the voir dire process.

Yes. If if the Establishment Clause is gutted. Thomas thinks the Establishment Clause (and probably the Free Exercise Clause) doesn’t apply to the states.

Would the freedom of religion necessarily have to be disincorporated for such an outcome?
So we could have the Great State and Church of Alabama!

Yes, if both the Establishment and Free Exercise clauses are disincorporated.

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If flowers is overruled and wrote was overruled, does that mean defense attorneys will start preempting people in abortion trials for being even Fundagelical, Mormon, Or Catholic? Basically, you could turn the entire system into catch and release based on being able to reliably game the voir dire process.

Yes. If if the Establishment Clause is gutted. Thomas thinks the Establishment Clause (and probably the Free Exercise Clause) doesn’t apply to the states.

Thomas has repeatedly supported the application of Free Exercise to states and localities (ex. Hialeah, Locke v. Davey, Masterpiece Cakeshop)

Thomas’ Masterpiece Cakeshop opinion mentions free exercise, but his opinion is more about suggesting the 1964 Civil Rights Act is unconstitutional.

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If flowers is overruled and wrote was overruled, does that mean defense attorneys will start preempting people in abortion trials for being even Fundagelical, Mormon, Or Catholic? Basically, you could turn the entire system into catch and release based on being able to reliably game the voir dire process.

Yes. If if the Establishment Clause is gutted. Thomas thinks the Establishment Clause (and probably the Free Exercise Clause) doesn’t apply to the states.

Thomas has repeatedly supported the application of Free Exercise to states and localities (ex. Hialeah, Locke v. Davey, Masterpiece Cakeshop)

Thomas’ Masterpiece Cakeshop opinion mentions free exercise, but his opinion is more about suggesting the 1964 Civil Rights Act is unconstitutional.

Thomas is arguing it's unconstitutional to use nondiscrimination law to restrict freedom of speech.  That doesn't mean all nondiscrimination law is unconstitutional.

True, but it’s coming from Thomas, who also thinks child labor laws should be struck down.

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Thomas also called for Obergefell to be overruled in his Gamble v. United States concurrence.