"In a nation short on exemplary role models, Thomas fills the void. He would never dream of saying so himself, but Thomas is an American hero and the nation's most inspiring man."
"In a nation short on exemplary role models, Thomas fills the void.
He would never dream of saying so himself, but Thomas is an
American hero and the nation's most inspiring man."
"An important new book by Sen. Ted Cruz (R-Texas), Going Further, calls attention anew to the life and career of the single greatest living American, Supreme Court Justice Clarence Thomas.
"For many years after Thomas arrived on the court in the early 1990s, his conservative, originalist views were relegated to dissenting opinions. Three and a half decades later, Thomas, now the second-longest-serving justice in the court's history, regularly finds himself in the majority.
"Thomas, in short, has won the long game. But how?
"Thirty-five years ago, mainstream legal training and judicial practice suggested the proper way to interpret a legal document is to probe for nebulous concepts such as legislative history and legislative intent. It's now hard to believe, but the commonsense notion that one should begin the interpretive exercise with a document's text and plain meaning was pretty much unheard of.
"Thomas, along with his then-colleagues Justice Antonin Scalia and Chief Justice William Rehnquist, galvanized an intellectual revolution in American legal and judicial practice. Today, law schools instruct students to begin the interpretive exercise with the text. In fact, this is hardly controversial. As the liberal Justice Elena Kagan put it in a 2015 Harvard Law School lecture, "We're all textualists now."
"A big part of the reason for this success is simple: sheer persuasiveness. The straightforward nature of the originalist and textualist position quickly found mass appeal, putting defenders of legislative history or "living constitutionalism" on their back feet. They haven't been able to keep up.
"In the area of legal interpretation, liberals have lost the public argument — badly. In recent years, we've seen this manifest in conservative victories at the high court on religious liberty, abortion, gun rights, affirmative action and the administrative state.
"There is an underappreciated additional ingredient in Thomas' winning formula: his kindness, affability and genuine human decency." . . . More...
No comments:
Post a Comment