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Clarence Thomas Asks First Question from Supreme Court Bench in 10 Years
- Analemma_ 11y agoOh dear, someone can't just copy off Scalia's work anymore.
- mgarfias 11y agoHave you ever read anything he's written while on the court?
- ceejayoz 11y agoIt is nonetheless interesting that shortly after Scalia's death Thomas starts asking questions after a ten year silence. It would certainly seem to indicate he feels Scalia covered his questions in the past.
- avs733 11y ago"correlation does not imply causation, but it does waggle its eyebrows suggestively and gesture furtively while mouthing 'look over there' "[1] [1] https://xkcd.com/552/ https://xkcd.com/552/
- vannevar 11y agoIf you can find a majority opinion he's written, it's likely to consist heavily of other people's words, albeit not necessarily Scalia's: http://www.nytimes.com/2015/08/28/us/justice-clarence-thomas-rulings-studies.html http://www.nytimes.com/2015/08/28/us/justice-clarence-thomas...
- strlen 11y agoWhile Scalia was an excellent writer (yet, not quite as clear as Richard Posner or Alex Kozinski), I think it's unfair to dismiss Thomas. Personally, I found his dissent in Gonzales v. Raich quite interesting and principled: https://www.law.cornell.edu/supct/html/03-1454.ZD1.html https://www.law.cornell.edu/supct/html/03-1454.ZD1.html Thomas' Concurrence in McDonald vs. Chicago is also very interesting, as it takes a very different approach to 14th amendment incorporation -- in a relatively unique situation where a judge had to incorporate a BoR amendment that has not been incorporated against the state/local government before -- from the approach that used in nearly all the major civil rights/liberties related decisions over the last 75 years: https://www.law.cornell.edu/supct/html/08-1521.ZC1.html https://www.law.cornell.edu/supct/html/08-1521.ZC1.html Personally, I find the cases where he disagrees with Scalia, or concurs with an Alito/Scalia majority opinion to be quite illuminating.
- vannevar 11y agoI wouldn't dismiss him, no. But everything is relative, and personally I find his opinions to be pedestrian compared to his other conservative colleagues. Judging by the relative infrequency of his majority opinions, I gather they feel similarly.
- obrero 11y ago> Have you ever read anything his law clerks wrote for him while on the court? (fixed)
- paulddraper 11y agoOr maybe Scalia just asked all the right questions, that Clarence already had.
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- marincounty 11y agoActually, it's a good question. And I'm a anti-platelets liberal. "He noted that the law allows someone convicted of a misdemeanor assault charge to get a lifetime ban on possessing a gun 'which at least as of now results in suspension of a constitutional right.' " These days the right lawyer can turn a simple accident into a misdemeanor assault. It was a good question.
- CapitalistCartr 11y agoIt is a sound, relevant question. So would many others he (presumably) could have asked over the past decade. Also, what is "anti-platelets"?
- plcancel 11y agoHN seems to be gravitating away from the guidelines (maybe it's the pull of the election season?) What do you think? Personally, I'm not a big fan of political stories on HN unless they concern technology. I feel like I'm already drowning in political news and opinion. What to Submit On-Topic: Anything that good hackers would find interesting. That includes more than hacking and startups. If you had to reduce it to a sentence, the answer might be: anything that gratifies one's intellectual curiosity. Off-Topic: Most stories about politics, or crime, or sports, unless they're evidence of some interesting new phenomenon. Videos of pratfalls or disasters, or cute animal pictures. If they'd cover it on TV news, it's probably off-topic.
- paulddraper 11y ago"some interesting new phenomenon" ;)
- plcancel 11y agoHa! Well, I stand corrected. :D