Balkinization  

Tuesday, June 29, 2004

A Summary of Clarence Thomas' Recent Jurisprudence

JB

Putting together Justice Thomas' opinion in Hamdi with his vote in ACLU v. Ashcroft, we may infer that the President can throw any citizen in a military prison indefinitely, but that the citizen has the right to view pornography while there.

Comments:

until we have a "war on pornagraphy"
 

Isn't this something like only the 2nd time C. Thomas has had a different opinion than Scalia?
 

This would seem consistent with the allegations during his confirmation hearings that Justice Thomas was a connoisseur of pornograhy.

Molly Bloom
 

Isn't this something like only the 2nd time C. Thomas has had a different opinion than Scalia?You're just saying that because Thomas is a black man, and therefore you expect him to vote like the only other black man ever to sit on the USSC (Thurgood Marshall) and therefore when he votes conservatively you notice it more. In fact, just counting this past court term, Thomas and Scalia joined the same opinion only 57 times out of 78 cases. They were on completely opposite sides of the decision on 7 of 78 cases (9%). (my source)

Or, to put it another way, Thomas and Scalia had a different opinion this past term just as often as Souter and Stevens. (Or just as often as Rehnquist and O'Connor) In fact, for this past term Kennedy and Rehnquist found themselves more often concurring at least in part than did Scalia and Thomas. (Those two were on different sides 7 times this term also, but sat on 79 cases together this term)
 

Thomas had differences with Scalia at least twice this week (Hamdi and ACLU) ... the two are soul mates in a lot of ways, but T. is more of a libertarian and flame thrower than even Scalia. Thomas also supports commercial and anonymous speech, both of which Scalia is hazy about. So, the speech split is expected. The Hamdi case was a bit more interesting.
 

Does anyone really take Thomas serious anymore? He is so far off the ranch that I don't even think his opinion matters......Liberals ought to bad-mouth him every chance they get.
 

Does anyone take liberals "serious" anymore?
 

When guys get jealous, it’s kinda cute. When girls get jealous, world war III
is about to start.
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