Skip to comments.God Save the Clarence Thomas Court
Posted on 05/25/2021 12:02:06 PM PDT by KingofZion
For Clarence Thomas, any chance he might become chief justice has long since passed. But at 72, he is coming into his own. For circumstances have now made it as plausible to speak of the Thomas court as the Roberts court.
The trigger was the replacement of Justice Ruth Bader Ginsburg with Justice Amy Coney Barrett. This move gave conservatives a 6-3 majority, depriving Chief Justice John Roberts of the ability to swing decisions to the liberal side—unless he manages to bring Brett Kavanaugh along with him.
*** Today the changes on the court have left Justice Thomas uniquely empowered. First, the new conservative majority now requires two defections for the liberals to triumph. Second, as the associate justice with the most seniority, it falls to Justice Thomas to assign the majority opinion when the chief justice comes down on the dissenting side. That presents Chief Justice Roberts with a dilemma: Since he can no longer dictate the outcome by himself, choosing the dissenting side without Justice Kavanaugh invites a Thomas majority opinion.
Take Dobbs v. Jackson Women’s Health Organization, which the court recently decided to hear. It involves a Mississippi law that would limit most abortions after 15 weeks of pregnancy. We don’t know if the chief voted to hear the case. But even if he didn’t, he now has an incentive to side with conservatives so he can write a majority opinion more narrow than what Justice Thomas would likely write.
Count this as a victory for Justice Thomas. Only 2½ years ago, he issued a tart dissent from the court’s decision not to consider another abortion-restriction case, accusing the court of ducking its responsibility...
(Excerpt) Read more at wsj.com ...
Thomas absolutely must refuse any offers to go hunting in Texas.
Do writers for the WSJ not understand that the position of Chief Justice is a direct appointment, that judges aren't promoted to Chief?
I know that Rehnquist was promoted fro Associate to CJ, so it can be done. Probably less hassle from Senate that way.
He seems to be in good health. Here’s praying he serves another 20 years.
Especially if the court packing thingy fails.
Thank you for the correction. I really thought that it was just a russian roulette appointment.
Appointed by who?
I mistakenly believed that the only way to become the Chief Justice of the SC was to be appointed to the vacancy by the President. I was reminded that a Justice had once been laterally positioned.
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