Tag: Justice Clarence Thomas
What Was Clarence Thomas Thinking?
Midway through his concurrence with the Supreme Court’s decision to strike down affirmative action, Justice Clarence Thomas deploys one of the most absurd and baffling arguments ever put to paper by a justice.
In order to argue that the Framers of the Fourteenth Amendment did not intend to authorize racially specific efforts to alleviate inequality, Thomas finds himself forced to explain the existence of the Freedmen’s Bureau, which was reauthorized in 1866 by the same Congress that approved the Fourteenth
We Can Be Framers Too
The recent set of watershed Supreme Court opinions pulsates with the language of democratic accountability. Dobbs v. Jackson, overruling Roe v. Wade, makes its refrain the promise to “return” the abortion question “to the people and their elected representatives.” Concurring in West Virginia v. EPA, which restricts regulators’ ability to decarbonize the electricity grid, Justice Neil Gorsuch explained that the point of the decision was to keep power in the hands of “the people’s representatives” rather than
The Supreme Court Is Kicking God Back Into School
Religious conservatives have been fighting for years to get prayer back into America’s schools, and this year, the Supreme Court gave them what they wanted. In Kennedy v. Bremerton, the six conservative justices affirmed a coach’s right to offer a prayer after a football game.
But what is really astonishing is that this decision will over time prove to be less monumental than the Court’s other big religion decision this term. In Maine’s Carson v. Makin, the Court
The Supreme Court Begins the Next Fight Over Guns in America
This morning, the Supreme Court struck down a New York State law that limited concealed-firearm permits to those with a demonstrated need to carry arms outside the home. Justice Clarence Thomas, writing for the 6–3 majority in New York State Rifle & Pistol Association Inc. v. Bruen, said, “The Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” Bruen thus opens one of the next major battlegrounds over guns in America:
‘There’s So Much That’s Not in the Constitution’
During oral argument at the Supreme Court in December over Mississippi’s abortion ban, Justice Sonia Sotomayor laid bare a fundamental truth: “There’s so much that’s not in the Constitution.”
Her point is a deep one, and salient to the abortion debate: The text of the Constitution does not explicitly affirm the right to abortion; no one disagrees with that. But the Constitution protects far more than what it literally describes. Unwritten ideas necessarily guide even the strictest readings of the
What the Supreme Court’s Vaccine-Mandate Case Is Really About
Today, the Supreme Court will hear oral argument in a pair of cases challenging President Joe Biden’s vaccine mandates in two contexts: private workplaces with more than 100 employees and health-care facilities that participate in Medicare and Medicaid.
Ostensibly, these cases are before the Court to resolve whether a president can even temporarily require vaccine and testing protocols during a pandemic to protect public health. But the questions the Court may examine are much more sweeping, with enormous implications for
The Judge Who Told the Truth About the Mississippi Abortion Ban
Of all the arguments that animate the anti-abortion cause, two stand out as particularly far-fetched: that banning abortion protects women’s health and shields African Americans from genocide. Yet for years, these arguments have driven debates over state laws, served as justifications for court decisions upholding those laws, and even appeared on billboards warning women in predominantly Black communities not to kill their babies. Three years ago, Mississippi lawmakers prohibited almost all abortions after 15 weeks of pregnancy to save