Posted: Jun 24, 2022 12:01 AM
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On Thursday, the single greatest living American used the occasion of his 74th birthday to remind of his greatness. He did so by issuing the single piece of writing that, at least thus far, best encapsulates and defines his career as one of the most towering constitutionalists in the history of the republic.
It is unfortunate that Justice Clarence Thomas, an intellectual trailblazer of an originalist constitutional interpretive methodology who celebrated his 30-year anniversary on the Supreme Court last fall, had to date failed to pen a Court majority opinion that law students and legal practitioners could readily point to as his signature achievement — his juridical magnum opus. Much of Thomas’ most impactful, and certainly culturally salient, writings have come in dissent. He has of course had ample opportunity to write majority opinions over the span of his illustrious Court tenure, but those majority opinions have typically come in more arcane legal realms, such as habeas corpus.
All of that changed with