3 ms·
If 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
by vannevar 11y ago
If 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.