27 August 2011

The Thomas Court?!?

"In several of the most important areas of constitutional law, [Clarence] Thomas has emerged as an intellectual leader of the Supreme Court. Since the arrival of Chief Justice John G. Roberts, Jr., in 2005, and Justice Samuel A. Alito, Jr., in 2006, the Court has moved to the right when it comes to the free-speech rights of corporations, the rights of gun owners, and, potentially, the powers of the federal government; in each of these areas, the majority has followed where Thomas has been leading for a decade or more. Rarely has a Supreme Court Justice enjoyed such broad or significant vindication.

[. . .]

The implications of Thomas’s leadership for the Court, and for the country, are profound. Thomas is probably the most conservative Justice to serve on the Court since the nineteen-thirties. More than virtually any of his colleagues, he has a fully wrought judicial philosophy that, if realized, would transform much of American government and society."
That is the thesis of an essay by Jeff Toobin in The New Yorker this week - you can find it here. The essay examines the possibility that Clarence Thomas's vision may be the undoing of Obama's health-insurance-reform-law. Perhaps Cornel West is not criticizing the most influential "Brother" in American politics after all?

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Blogger Stan B. said...

Shrewd? Hell, yes! Intellectual? Seems there's a pubic hair in Mr. Toobin's assessment.

28 August, 2011 17:55  

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