Constitutional Law
Aug. 18, 2026
The radicalism of Clarence Thomas
Justice Clarence Thomas has advanced a series of far-reaching constitutional positions that would significantly narrow federal protections and congressional authority, illustrating the potentially profound consequences of his originalist approach.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Among the stories from the Supreme Court's last term that have not received attention are the radical positions taken by Justice Clarence Thomas. Having been on the Court since 1991, everyone is used to his being very conservative, including his always voting in favor of President Donald Trump. Still, some of the positions he took last year were truly astounding and frightening.
For example, my biggest surprise in reading the decisions from last term was...
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