U.S. Supreme Court Justice Clarence Thomas. Photo: Diego M. Radzinschi/ALM Clarence Thomas's Misuse of History: Ask Amy Coney Barrett
U.S. Supreme Court Justice Clarence Thomas, who is an insatiable "Originalist" always eager to expound his historical version of constitutional adjudication, felt the need to invoke history to support his position on a criminal matter before the court. While Justice Amy Comey Barrett voted with her senior colleague, she "ridiculed Thomas for his misuse of history," a Law Journal columnist writes.
July 24, 2023 at 09:57 PM
6 minute read
CommentaryIn Samia v. United States, decided June 23, the Supreme Court (6-3) held there was no violation of the Confrontation Clause when the prosecutor introduced at a joint trial of several defendants a confession by one of the defendants that referred to a co-defendant's participation in the crime, albeit not by name, and the judge instructed the jury not to consider the confession against the co-defendant.
The decision by the conservative majority was not unexpected. The opinion was written by Justice Clarence Thomas; Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented.
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