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☆ Clarence Thomas' originalist interpretations go too far, even for fellow conservatives
▼ + stars: | 2024-06-23 | by ( Katherine Tangalakis-Lippert | Lloyd Lee | ) www.businessinsider.com time to read: +5 min

This story is available exclusively to Business Insider subscribers. AdvertisementLegal experts who spoke to Business Insider said Thomas's latest decision highlighted how inconsistent and even ridiculous this method of interpretation can be. The Supreme Court of 1888 decided that the Constitution was broad enough to cover inventions the Founding Fathers never dreamed of. Gross noted that he expected the outcome the Supreme Court ultimately reached, though he was surprised Justice Samuel Alito, another strict originalist, didn't join Thomas' dissent. AdvertisementRepresentatives for the Supreme Court did not respond to a request for comment from Business Insider.

Persons: —, Clarence Thomas, Thomas, Antonin Scalia, John P, Gross, wouldn't, originalists, Carolyn Shapiro, Shapiro, Amy Coney Barrett, Barrett, SCOTUS, Samuel Alito, didn't, Scalia Organizations: Service, Business, University of Wisconsin Law School, Public, originalism, Chicago, Kent College of Law's Institute, AP, CNN Locations: United States

☆ The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett
▼ + stars: | 2024-06-19 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +10 min

Though Justice Clarence Thomas’ decision in a major trademark case last week was unanimous, it prompted a sharp debate led by Justice Amy Coney Barrett over the use of history to decide the case. “There definitely is the potential formation here of an alternative or several alternative approaches to history that ultimately draw a majority,” Wolf said. “What we could be seeing is a more nuanced approach to using that history,” said Elizabeth Wydra, president of the progressive Constitutional Accountability Center. But in a striking concurrence that captured support from both liberal and conservative justices, Justice Elena Kagan asserted that the court’s historic analysis need not end with the late-18th century. Barrett’s concurrence said the dispute could have been dealt with based on the court’s past precedent with trademark law and stressed that just leaning on the nation’s trademark history wasn’t good enough.

Persons: Clarence Thomas ’, Amy Coney Barrett, Barrett, Thomas, “, ”, Tom Wolf, Brennan, ” Wolf, Trump, Thomas ’, Antonin Scalia, Elizabeth Wydra, ” Wydra, Ilya Somin, there’s, Bruen, Sonia Sotomayor, … Bruen, –, Elena Kagan, Kagan, Brett Kavanaugh, Sotomayor –, Wolf, Roe, Wade, Vidal, . Elster, Sotomayor, ” Thomas, Kavanaugh, John Roberts, Samuel Alito, Neil Gorsuch, Ketanji Brown Jackson, Barrett’s Organizations: Washington CNN, Brennan Center for Justice, New York, Trump, George Mason University, “, Inc, CNN, Consumer Financial Protection Bureau Locations: New, Bruen, United States

☆ Opinion | The Magic Constitutionalism of Donald Trump
▼ + stars: | 2024-05-02 | by ( David French | ) www.nytimes.com time to read: +2 min

Nor is that an example of “living constitutionalism,” which holds that the Constitution’s meaning can evolve over time, a concept that conservatives deplore. He also promised to pursue “the entire Biden crime family.”We should take Trump’s threats seriously, but neither those threats nor the threats of other politicians to prosecute Biden change the text or structure of the Constitution. Otherwise, presidents should remain subject to the rule of law, and not simply when they’re engaged in private conduct. Ordinarily, I would have considerable confidence that the Supreme Court — dominated as it is by originalists — would rather quickly and decisively reject Trump’s argument. And I’m less alarmed than some other analysts by the content of the justice’s questions at oral argument.

Persons: Trump, That’s, ’, Joe Biden, ”, isn’t, Biden, they’re, —, originalists —, MAGA, Anderson Organizations: Justice, Trump Locations: USA, Colorado, United States

☆ Trump’s critics hope that Antonin Scalia can sway the Supreme Court in 14th Amendment fight
▼ + stars: | 2024-02-01 | by ( John Fritze | ) edition.cnn.com time to read: +5 min

On a court where conservatives hold a 6-3 supermajority, including three Trump nominees, citing Scalia is no coincidence. The advocates are hoping to convince the justices that they can write off Trump’s arguments in a way that still squares with conservative legal principles. The Scalia concurrence, joined by Chief Justice John Roberts and two other conservatives, involved a dispute between the teamsters and a soda distributor. Supreme Court Justice Antonin Scalia and former President Donald Trump. “Many times, members of the court greatly respect each other but will disagree with what they’ve had to say,” Muller said.

Persons: Scalia, Donald Trump, Antonin Scalia, Trump, “, –, ”, Derek Muller, “ They’re, Conway, SCOTUS, CNN Trump, J, Michael Luttig, John Roberts, Joshua Blackman, South Texas College of Law Houston, Blackman, ” Blackman, Neil Gorsuch, Gorsuch, Samuel Alito, ” Alito, they’ve, ” Muller Organizations: Trump, CNN — Liberal, Capitol, Supreme, Notre Dame Law, CNN, United, Republican, Chief, teamsters, South Texas College of Law, Getty, Appeals, Colorado Republican Party, Congress Locations: United States, Colorado

☆ ‘Spamalot’ Review: You’ll Laugh in Its General Direction
▼ + stars: | 2023-11-16 | by ( Jesse Green | More About Jesse Green | ) www.nytimes.com time to read: +1 min

If you’ve seen “Monty Python and the Holy Grail,” the 1975 movie spoof of all things Arthurian and many things not, you know the coconuts I mean. And if you’re enough of a Python fan to have also seen “Spamalot,” the 2005 Broadway musical “lovingly ripped off” from the film, you’ve probably memorized the whole bit. That’s the one in which Arthur’s trusted patsy, Patsy, slaps coconut halves together so the deluded king can pretend he has a horse. Among many others, so are a troupe of self-flagellating monks, a cart of corpses, a vulgar French taunter and a Trojan rabbit. This one, directed and choreographed by Josh Rhodes, gives the “ni”-sayers what they want.

Persons: Monty Python, “, you’ve, Arthur’s, patsy, Patsy, James, Eric Idle, John Du Prez, ”, Josh Rhodes, sayers Organizations: St Locations: England

☆ Opinion | How to Stave Off Constitutional Extinction
▼ + stars: | 2023-07-01 | by ( Jill Lepore | ) www.nytimes.com time to read: +5 min

From the very start, Americans proposed amendments. The U.S. Constitution was itself an act of amendment, written in 1787 because the Articles of Confederation were technically amendable but, for all practical purposes, not. What would be the national disgrace if … a vile Negro should come to rule over us?” These possibilities were, to Brackenridge, absurd. The rejected Supreme Court nominee Robert Bork once explained how originalists think about the Constitution and the historical record. Mecom’s biblical plea for nonviolence, for beating swords into plowshares, can be read as the constitutional preference of a constituency — women — unrepresented at the convention.

Persons: Lemuel Haynes, “, George Mason, Hugh Henry Brackenridge, Brackenridge, Robert Bork, George Washington, Martha, ” Bork, George, Jane Franklin Mecom, Benjamin Franklin, ”, — unrepresented Organizations: Continental Army, Massachusetts, Constitution, United, New York State Locations: Independence, Massachusetts, U.S, Philadelphia, Virginia, United States, New

☆ By striking down affirmative action, the Supreme Court put forth a dangerous and false ideal of 'colorblindness'
▼ + stars: | 2023-07-01 | by ( Trisha Gopal | ) www.businessinsider.com time to read: +12 min

Sotomayor and Thomas are both the likely beneficiaries of affirmative action. A student at Harvard University at a rally in support of keeping affirmative action policies outside the Supreme Court on October 31, 2022. A young boy at the University of California, Berkeley in 1995 as students and families protested to keep affirmative action policies. In a statement following the ruling, former president Barack Obama wrote, "Like any policy, affirmative action wasn't perfect. Roberts accused the colleges' affirmative action programs of "employ[ing] race in a negative manner" without any "meaningful end points."

Persons: Sotomayor, —, Clarence Thomas, Thomas, Sonia Sotomayor, colorblindness, Colorblindness, Howard Schultz, Tomi Lahren, Plessy, Ferguson, John Marshall Harlan, Antonin Scalia, Justice Roberts, Harlan's, David Butow, Roberts, Barack Obama, Michelle, haven't, Evelyn Hockstein, Michelle Obama, Katherine Phillips, Phillips Organizations: Supreme, Service, Harvard University, University of North, Latina, Yale Law School, Starbucks, Washington Post, Getty, Black, Seattle School District, University of California, Harvard, UCLA, UC, REUTERS, Princeton, Scientific, Columbia Business Locations: Berkeley, University of North Carolina, California, Idaho

☆ Clarence Thomas: Appellate judge defends justice in new book, rejects 'pot shots' at Supreme Court
▼ + stars: | 2023-06-25 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +6 min

CNN —A federal appeals court judge previously on short lists for the Supreme Court is taking the rare step to broadly and publicly reject allegations that Justice Clarence Thomas has been improperly influenced by lavish gifts provided by a conservative billionaire, dismissing “pot shots” at the Supreme Court in general. Thapar this past week released a new book about Thomas entitled “The People’s Justice,” in which he explores the justice’s favored judicial philosophy of originalism. “You can judge their works, and what they do, against what they’ve done in the past,” Thapar told CNN. Ethics and financial disclosuresThapar rejects suggestions that Thomas should have disclosed the hospitality provided by Crow on annual financial disclosure forms. They have called Justice Thomas ‘the cruelest justice,’ ‘stupid,’ and even an ‘Uncle Tom’ a traitor to his race,” Thapar writes.

Persons: Clarence Thomas, Amul Thapar, Thapar, Thomas, originalism, Thomas ’, Thomas ’ originalism, Donald Trump, Mitch McConnell, Harlan Crow’s, ” Thapar, Ginni, Crow, ” Virginia Canter, ” “, ” Canter, hadn’t, “, –, ”, Thomas’s, Thomas ‘, ’, Tom ’, Elizabeth Wydra, ” Wydra Organizations: CNN, Eastern, Eastern District of, ProPublica, Citizens, Crow, Administrative, Center Locations: Cincinnati, Eastern District, Eastern District of Kentucky, Washington

☆ College use of race in admissions challenged at Supreme Court in arguments
▼ + stars: | 2022-10-31 | by ( Dan Mangan | ) www.cnbc.com time to read: +4 min

"Racial classifications are wrong," the attorney Patrick Strawbridge said in his opening argument on behalf of the group Students for Fair Admissions. The Supreme Court began hearing arguments Monday in two cases that challenge the use of race-based considerations to determine who gets admitted to American colleges. Conservatives hold a 6-3 super-majority on the Supreme Court and are expected to be open to the arguments for ending affirmative action. The cases being argued are Students for Fair Admissions v. President and Fellows of Harvard, case No. 20-1199, and Students for Fair Admissions v. the University of North Carolina, case No.

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