justice clarence thomas

H/T Justice Clarence Thomas

It’s now been two weeks since the landmark decision upholding Obamacare.  Most of the attention has, understandably, been on Chief Justice John Roberts since he turned out to be the pivotal vote in the 5-4 split on the Supreme Court.  Still, for anyone who takes seriously the fact that the Constitution established a federal government of limited and enumerated powers, there is one Supreme Court Justice that consistently stands head and shoulders above the rest–and that’s Clarence Thomas.

Supreme Court Non-Rulings More Important Than Cases It Actually Hears

While all the hot constitutional action of late, on issues ranging from Obamacare to gay marriage to immigration, has been in the lower courts — or even in Congress! — the Supreme Court still goes about its daily business.  After last year’s blockbuster term, however, this term is pretty low-profile aside from a spate of First Amendment cases (funeral protests, violent video games, school choice tax credits, public financing of election campaigns, etc.).  And so it was yesterday, when Supreme Court arguments over securities l

First, They Came for the Sex Offenders

First, they came for the sex offenders. I am not a sex offender, but I opposed the civil commitment of sex offenders by the federal government because it is not an activity within the enumerated powers of Congress. The Supreme Court decided otherwise in Comstock, with the exception of Justices Thomas and Scalia.

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