„The court’s discussion is unnecessary to its holding,“ the justice wrote on Monday.
Justice Clarence Thomas broke with the Supreme Court’s „unnecessary“ comments in a pair of cases related to state social media laws.
The court on Monday unanimously declined to settle major constitutional questions raised by laws in Texas and Florida that sought to limit how much social media platforms can regulate content, especially from conservative users.
In a concurring opinion, Thomas said he agreed with the court’s decision to return the cases to lower courts, but that he felt it was „unnecessary“ for his colleagues to be commenting on the constitutional arguments raised, which he said should be left to the other two branches of the federal government.
„I cannot agree, however, with the court’s decision to opine on certain applications of those statutes. The court’s discussion is unnecessary to its holding“, Thomas wrote.
„Adjudicating facial challenges also intrudes upon powers reserved to the legislative and executive branches and the states. When a federal court decides an issue unnecessary for resolving a case or controversy, the judiciary assumes authority beyond what the Constitution granted“, the conservative justice said.
