Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
Clarence Thomas
Justice Thomas Says "Sixth Circuit Must Do Better" in AEDPA Cases
The Supreme Court often reverses the U.S. Court of Appeals in habeas cases, but not this time.
On Affirmative Action, Clarence Thomas Took a Page From Malcolm X
Understanding the jurisprudence of the conservative Supreme Court justice
George Washington University Officials Defend Clarence Thomas' Free Expression Rights
The university's own students are often not so lucky.
SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful
The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
What's Wrong With Abortion Federalism?
Plus: stereotypes within libertarianism, and Katherine compares the editors to Buffy the Vampire Slayer characters.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'
The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
Guns and Judicial Protection of Constitutional Rights that Put Lives at Risk
Justice Breyer and others argue that gun regulations deserve special judicial deference because Second Amendment rights create risks to life. But the same is true of many other constitutional rights.
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
The Blurry Legal Line Between Doctors and Drug Dealers
Xiulu Ruan, a pain specialist, was sentenced to 21 years in federal prison for prescribing opioid analgesics "outside the usual course of professional medical practice."
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Florida's Agriculture Commissioner Says the Ban on Gun Possession by Marijuana Users Is Unconstitutional
Nikki Fried, a Democrat, is suing the Biden administration, arguing that the policy violates the Second Amendment and a congressional spending rider.
Texas Gov. Greg Abbott Ends His Onerous Truck Inspection Order Impeding International Commerce on the Mexican Border
The inspections caused great economic harm, and may also have violated the Dormant Foreign Commerce Clause of the Constitution.
Book: Judge Jackson Said She "Do[esn't] Understand" Justice Thomas
ABCNews unearths an interesting interview with Ketanji Brown Jackson about Justice Clarence Thomas
The Supreme Court Deals a Major Blow to Qualified Immunity Reform
In two opinions issued Monday, the Court gave qualified immunity to several police officers accused of violating the Constitution.
Clarence Thomas, the Supreme Court's Most Conservative Justice, Trashes Qualified Immunity Again
The Court has "failed to justify our enacted policy," he wrote.
Justice Thomas Takes Another Shot at Qualified Immunity
He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.
Clarence Thomas Declares War on Big Tech
Like a number of other modern conservatives, Thomas seems to think that Twitter and other tech companies are effectively censoring right-of-center views.
Justice Thomas Wonders When Supreme Court Will Have To Consider Social Media's Private Deplatforming Power
A moot case about Trump blocking tweets leads to concerns that tech companies have too much control over speech.
When Joe Biden Tried To Paint Clarence Thomas as a Crazy Libertarian
The episode reflects poorly on Biden.
The Cops Who Sicced a Dog on a Surrendered Suspect Got Qualified Immunity. SCOTUS Won't Hear the Case.
"I have previously expressed my doubts about our qualified immunity jurisprudence," writes Associate Justice Clarence Thomas in a dissent.
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
Brett Kavanaugh Joins With Liberal Justices; SCOTUS Won't Hear Planned Parenthood Defunding Cases
"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."
Clarence Thomas Mocks Cory Booker's 'Spartacus' Grandstanding
"If you can't debate hard issues honestly, with honor, with integrity, how do we keep a civil society?" Thomas said.
Abortion, Clarence Thomas, and the Commerce Clause
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Supreme Court's Silence Clouds Gun Control Debate
The justices have passed up one opportunity after another to clarify the boundaries of the constitutional right to arms.
Clarence Thomas vs. Jeff Sessions on Civil Asset Forfeiture
Asset forfeiture has "led to egregious and well-chronicled abuses," Thomas writes.
A History Lesson From Clarence Thomas
Correcting a liberal smear about the conservative Supreme Court justice.