Liberal Supreme Court Justices Earning Praise, While Critics Insist Clarence Thomas 'Stands Alone'

As the first Black female justice, Jackson has made history by authoring a record number of solo dissenting opinions and participating in oral arguments more than any other first-term justice. Her tenure has coincided with a term that addressed significant ideological issues such as abortion, affirmative action, and voting rights.

However, some experts argue that it is disingenuous to solely credit Jackson's accomplishments without acknowledging the contributions of conservative Black Justice Clarence Thomas. Critics contend that while Jackson's output is impressive, her jurisprudence lacks substance and aligns with stereotypical liberal views. On the other hand, Thomas is praised for his adherence to conservative principles and his willingness to write his own opinions, even if they diverge from the majority.

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David B. Rivkin Jr., an appellate and constitutional law attorney, highlights the similarities in judicial philosophy among the three liberal justices, including Jackson, Sonia Sotomayor, and Elena Kagan. He argues that their decisions are driven by a result-oriented philosophy rather than a commitment to the law. In contrast, Rivkin asserts that Thomas stands apart from his conservative colleagues and is not afraid to discard past decisions that he deems incorrect.

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Megan Wold, a partner at Cooper & Kirk and former clerk of Justice Samuel Alito, echoes this sentiment, emphasizing Thomas's commitment to first principles and his understanding of the importance of getting the law right, particularly in constitutional matters. Wold asserts that Thomas recognizes the difficulty of amending the Constitution and therefore prioritizes interpreting it correctly.

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July 31, 2023

One case that showcased the differing views of Jackson and Thomas was Students for Fair Admissions vs. Harvard, which dealt with affirmative action in college admissions. Jackson dissented, along with Sotomayor and Kagan, arguing that the decision was a tragedy that ignored the continued relevance of race in American society. Thomas, in a separate concurring opinion, defended the colorblind Constitution and criticized Jackson's dissent for its race-infused worldview.

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Thomas has faced numerous racially charged attacks throughout his career, including during his confirmation hearing in 1991. Critics have accused him of favoring the rich, corporations, and the strong over the weak. However, supporters argue that Thomas's originalism, which focuses on honoring the will of the people, often benefits ordinary individuals who come before the Court.

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While Jackson has been praised for her commitment to originalism, some argue that she is only able to do so because of the groundwork laid by Thomas and the late Justice Antonin Scalia. The discussion of the original public meaning of the Constitution has become an essential part of modern constitutional debate.