The Clarence Thomas Effect
Clarence Thomas is the longest-serving justice currently sitting on the Supreme Court. For much of his tenure, court watchers and critics have dismissed his jurisprudence as largely irrelevant, demoting him to the late Justice Antonin Scalia’s judicial sidekick. In the public imagination, he is most remembered for his worst moment. Last fall’s confirmation hearings for Justice Brett Kavanaugh resurrected the debate over Anita Hill, the woman who famously accused Thomas of sexual harassment during his 1991 confirmation hearings.
And yet, during his time on the Court, Thomas has written prolifically and introduced ideas that have gradually gained influence among other justices. Of all the Supreme Court justices, Thomas takes an approach to the law that is arguably the purest embodiment of the conservative judicial philosophies known as textualism, which holds that the plain meaning of the text of a law is all that matters in judicial interpretation, and originalism, which holds that the Constitution should be interpreted only as its authors intended.
The most significant part of Thomas’s legacy, however, may take shape long after he has stopped writing opinions. Personnel is policy. Thomas’s vast network, more than that of any other justice, has defined President Donald Trump’s administration and the
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