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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsClarence Thomas earns our scorn
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"Thomas career authoritarianism, fully unleashed in the Roe reversal, is just one more outrageous moment in a flood of outrageous, unsavory moments that is the modern story of the right," writes Erin Aubry Kaplan. (via @latimesopinion)
FILE - Supreme Court Justice Clarence Thomas speaks Sept. 16, 2021, at the University of Notre Dame in South Bend, Ind. Thomas says the Supreme Court has been changed by the leak of a draft opinion earlier this month. The opinion suggests the court is poised to overturn the right to an abortion recognized nearly 50 years ago in Roe v. Wade. The conservative Thomas, who joined the court in 1991 and has long called...
latimes.com
Op-Ed: Clarence Thomas earns our scorn
Thomas' concurring opinion in the decision to overturn Roe vs. Wade urges the right wing toward more fascism.
7:30 PM · Jul 3, 2022
https://www.latimes.com/opinion/story/2022-07-03/clarence-thomas-supreme-court-roe-vs-wade
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https://archive.ph/V8Mw6
Thirty-one years after his confirmation to the Supreme Court, Justice Clarence Thomas is having his moment.
Its been a long time coming. For most of those three decades, the ultra-conservative jurist stood in the shadows, on the sidelines, largely silent. He wrote little in the way of opinions and said less. In photos he always looked unhappy and uncomfortable, as if acutely aware of what critics thought of him, especially the many Black people who saw him as an entirely unworthy replacement for the first Black justice, civil rights hero Thurgood Marshall.
Of course, it was President George H.W. Bushs cynical racial calculation that put Thomas on the court trying to appeal to harder-edged conservatives while appearing progressive but it is Thomas who has long borne the brunt of our scorn.
Hes earned it. As low-key as hes been, Thomas has nonetheless carried water for the far right, which has been exponentially emboldened by the Trump presidency and the rapid transformation of the GOP into a fact-denying cult with little use for sound reasoning, legal or otherwise.
But it has always had a use for Thomas.
Now, at last, he commands attention. His concurring opinion in the courts decision to overturn Roe vs. Wade doesnt just concur, it urges the right wing toward more fascism, more undoing of rights not explicitly articulated in the 14th Amendment, rights Thomas believes are not protected by substantive due process. Unlike his fellow conservative jurists, Thomas is taking a certain relish in kicking over cans, a triumphalism that feels downright Trumpian.
*snip*
UTUSN
(70,711 posts)It was his trademark Dirty Tricks - in this case to put Dems over the barrel of having to oppose a member of an otherwise Democratic constituent group. The author had it more correct when he said "cynical".
Initech
(100,081 posts)Of course replace "human being" with "soulless ghoul" and that would be a better fit!
BigmanPigman
(51,610 posts)That would have benefited the country more than anything else.
Jade Fox
(10,030 posts)Abortion is not some sort of weapon, even in fantasy.
ShazzieB
(16,426 posts)That's not a place where anyone should be going. Weaponizing reproductive health care is not something to joke about. Especially now.
LetMyPeopleVote
(145,321 posts)LastLiberal in PalmSprings
(12,586 posts)If he's going to support only rights which appear in the Constitution, then he's got to vote overturn anti-miscegenations laws which criminalize interracial marriage.
LetMyPeopleVote
(145,321 posts)In the legal community, Thomas is considered to be one of the worst SCOTUS justices in history
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https://thinkprogress.org/the-five-worst-supreme-court-justices-in-american-history-ranked-f725000b59e8/
Justice Clarence Thomas is the only current member of the Supreme Court who has explicitly embraced the reasoning of Lochner Era decisions striking down nationwide child labor laws and making similar attacks on federal power. Indeed, under the logic Thomas first laid out in a concurring opinion in United States v. Lopez, the federal minimum wage, overtime rules, anti-discrimination protections for workers, and even the national ban on whites-only lunch counters are all unconstitutional.
Though Thomass views are rare today, they have, sadly, not been the least bit uncommon during the Supreme Courts history. He makes this list because, frankly, he should know better than his predecessors. As I explain in Injustices, many of the justices who resisted progressive legislation in the nineteenth and twentieth centuries were, like Field, motivated by ideology. Many others, however, were motivated by fear of the rapid changes state and federal lawmakers implemented in the wake of the even more rapid changes brought about by the Industrial Revolution. It was possible to believe, in a world where factories, railroads, and the laws required to regulate factories and railroads were all very new things, that these laws would, as Herbert Hoover once said about the New Deal, destroy the very foundations of our American system by extending government into our economic and social life.
But Thomas has the benefit of eighty years of American history that Hoover had not witnessed when he warned of an overreaching government. In that time, the Supreme Court largely abandoned the values embraced by Justice Field, and the United States became the mightiest nation in the history of politics and the wealthiest nation in the history of money.
question everything
(47,487 posts)Wonder what he and Ginny have been using..
czarjak
(11,278 posts)hardluck
(639 posts)Say what you want about Thomas but he is a prolific writer. Hes written over 700 opinions in his 31 years on the court. In comparison, Roberts, has spent about half the time on the court and has only authored roughly 200 opinions. Thomas writes so many dissents and concurrences because while he and other justices might agree on the ultimate outcome, his reasoning differs, many times dramatically.