Cruel Justice: Gratuitous Cruelty in Justice Thomas's Jurisprudence
"There is another quality in Justice Thomas's jurisprudence that needs to be noted, and which has not been sufficiently examined: the gratuitous cruelty in some of his opinions."
August 25, 2022 at 09:00 AM
7 minute read
Clarence Thomas is not easy to type. He has been extolled as a "big thinker," "unflinchingly honest," and "the most fascinating member of the Court." T. Goldstein, Scotus blog, Oct. 8, 2007. He has been assailed for his deficient craftmanship, especially his radical view of originalism as "amateurish" and "intellectually dishonest." S. Cornell, Slate, June 24, 2022. And Justice Scalia, referring to Justice Thomas, once quipped, "Look, I'm an originalist. But I'm not a nut."
Whether Justice Thomas is a brilliant jurist, a judicial hack, or a nut can be debated. But one thing is certain: He is the most eccentric Justice ever to serve on the court. Consider his hyper-radical views of the Constitution; his rejection of precedent; his years of silence during oral arguments; his penchant to cite himself always and often (in his concurring opinion in Dobbs v. Jackson Women's Health Center, the abortion case, he cited himself 21 times!). One suspects that his opinions dealing with race convey a sense of bitterness at being seen as a beneficiary of affirmative action, and his bitterness at being mistreated at his confirmation hearing when he was accused by a female employee of sexual misconduct and called the proceedings a "High-tech lynching." The fact that his wife was involved in communications about subverting the 2020 election, together with his dissents from every case in which the court rejected Donald Trump's meritless petitions, have not enhanced Justice Thomas's reputation.
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