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Constitutional Law,
U.S. Supreme Court

Jul. 16, 2019

Clarence Thomas wants to overrule huge bodies of law

One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the overruling of long-standing, even revered, precedents.

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).

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One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the overruling of long-standing, even revered, precedents. In doing so, Thomas has identified himself as one of the most radical justices ever to sit on the court and staked out a position on the far right of a conservative bench. Lest this seem hyperbole, consider some of his opinions.