3min chapter

Opening Arguments cover image

OA698: Will Clarence Thomas Break the Internet? (Probably Not.)

Opening Arguments

CHAPTER

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In 2005, Thomas was under the occasional misguided belief that prior cases served as actual constraints on what judges can do. Today, his views on that have evolved, we might say. Let's quote him quoting himself in his own concurrence from a 2018 case called South Dakota versus Wayfair. The significance of that is that Thomas has now pulled this trick of writing just abstract concurrences in places where he wants to lecture his colleagues on the bench.

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