As Justice Thomas wrote in Gamble v.
As Justice Thomas wrote in Gamble v. United States (2019, a judge’s duty to interpret the Constitution correctly trumps stare decisis, and if the courts got it wrong in the past, then they need to fix it rather than stick with incorrect precedent, as an incorrect decision “is tantamount to making law,” and sticking with that decision undermines the Constitution and allows unelected judges to usurp Congress’ power. When faced with the same litigants arguing similar issues a decade after she first ruled, despite understanding she made a horrible error the first time, she used claim preclusion/res judicata to maintain the facade of infallibility. This is her legacy.