Opinion of Clarence Thomas when it comes to racial constitutional issues. (user search)
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  Opinion of Clarence Thomas when it comes to racial constitutional issues. (search mode)
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Author Topic: Opinion of Clarence Thomas when it comes to racial constitutional issues.  (Read 2478 times)
Skill and Chance
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« on: February 04, 2021, 11:16:35 AM »

Obvious HP although it's true that he does occasionally make some interesting decisions (although not always good.) The best I can say for him is that he's sometimes pretty good on free speech and the First Amendment, moreso when his buddy Scalia was around because Scalia was actually pretty strong on that in general, which elevates him a bit over Alito, by far the worst Justice.

Well, Gorsuch has matched or exceeded Scalia in his commitment to free expression.  The problem is he is kind of stranded now because Barrett and especially Kavanaugh are much more deferential to the government than RBG and Kennedy were.
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Skill and Chance
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« Reply #1 on: February 04, 2021, 11:32:23 AM »

Obvious HP although it's true that he does occasionally make some interesting decisions (although not always good.) The best I can say for him is that he's sometimes pretty good on free speech and the First Amendment, moreso when his buddy Scalia was around because Scalia was actually pretty strong on that in general, which elevates him a bit over Alito, by far the worst Justice.

Well, Gorsuch has matched or exceeded Scalia in his commitment to free expression.  The problem is he is kind of stranded now because Barrett and especially Kavanaugh are much more deferential to the government than RBG and Kennedy were.

I'm pretty sure if something like Texas v. Johnson came before the Court today, at least one of those as well would rule for flag burners. Roberts probably would too (he strikes me as someone who may not have back in 1989 when those laws were widespread and universal but after now after 30 years wouldn't consider the issue worth revisiting.)

Yes, but that would be because of how strongly Roberts and Kavanaugh feel about upholding precedent (and maybe Barrett too).  If the state laws were still in effect today, in all likelihood it would be 5/4 to uphold them, with Gorsuch and the liberals dissenting.
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Skill and Chance
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« Reply #2 on: February 08, 2021, 02:30:30 PM »

I will always call Clarence Thomas, Anthony Kennedy, Antonin Scalia, Sandra Day O'Connor, and William Rehnquist "party hacks" for what they did in Bush v. Gore.
I know we’re not supposed to say anything, but I find it hard to believe that Thomas is less of a hack than any Justice considering his wife’s birtherism and conspiracy theories.

Gorsuch is definitely one of the more interesting Justices on the Court right now, but I agree with you that his idiosyncratic influence has been dealt a serious blow with Barrett now replacing RBG. I think he would've joined the majority in both Texas v. Johnson and Brown v. EMA.
If he wins over Barrett and Kavanaugh, though - which is possible - he could become the most influential Justice on the Court.
 
If anything, it's Roberts who seems to be winning over Kavanaugh.
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