"This is one of the most important and consistent decisions in our country's history," said First Amendment Expert and Supreme Court Attorney Theodore J. Butters by Gibson Dan. The audacity of Thomas's opinion, which was attracted to a related case, surprised Butris and others.
He even resumed the whispering campaign among the progressive, that the 70-year-old justice is preparing to retire. Thinking that he had presented his opinion – accompanied by no other justice – was like a last volley while he was about to give up his place on Trump's younger candidacy. But those who are close to Tom have seen something completely different. For them, this was another opportunity for Thomas to plant seed for the future in the field of law, which he believes deserves more attention. They say that opinion is less than the last volley, and more than the creation of a new marker of justice that believes in correcting what he sees as mistakes of the past even if he speaks alone.
While there can be no Thomas Thomas tattoos or bags or other bags that surround Ruth Bader Ginsberg and may lack a cast in the court to win a day, more than a quarter of a century on the bench, set up a real army by former clerks and those they call "adopters," who see the world and the law through a similar lens. It is hard for them to believe the rumors of retirement, especially now that Thomas sits with a recently fortified Conservative majority and somehow strikes a new step. New York Times vs. Sullivan
According to him, on Tuesday ̵
Decisions put the plaintiffs to an almost" impossible standard, "Thomas writes, and that instead of" applying only "the First Amendment, as the people who had ratified it understood, the Court moved to politics and formed its own rule "We must not continue to apply this political approach to the Constitution reflexively," he said.
His opinion is based on the judicial philosophy of originality, a theory that is also defended by the late Judge Antonin Skalica.
But while Skalya in public speeches could criticize the New York Times against Sullivan, he never wrote a view like Thomas, perhaps from respect to the precedent
Booth thinks that if Thomas puts a marker, it is dangerous. "If this view prevailed, it would be a dramatic rupture in our democratic system, because The New York Times vs. Sullivan is the main one Principle that citizens must be able to speak without fear of punishment in the civil case, especially when criticizing public figures and discuss matters of public concern, "he said. The Support Marks
Thomas's supporters, such as conservative lawyer Charles J. Cooper, say Tuesday's opinion is a continuation of his jurisprudence and reflects the fact that he often shows a spotlight in the law area that worries him.
"Thomas's self-consent, in which he expressed his known original concerns about the correctness of the New York Times against Sullivan, has been part of his jurisprudence over the last two decades," Cooper said.
"There is simply no reason to doubt that justice Thomas will continue to raise his concerns about the correctness of previous court decisions, no matter how inviolable they are in certain areas," Cooper added.
Cooper points to Thomas's early statements on the constitutionality of bureaucracy, which is usually called the administrative state.
In the period 2014-2015, Thomas was the author of three views on the issue.
For Thomas, when Congress delegates its powers to federal agencies, it gives these agencies too much authority with too few responsibilities. Since Thomas puts it at the Department of Transportation against the American Railways Association, the fight is for "a proper division between the legislature and the executive." ” data-src-mini=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-small-169.jpg” data-src-xsmall=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-medium-plus-169.jpg” data-src-small=”http://cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-large-169.jpg” data-src-medium=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-exlarge-169.jpg” data-src-large=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-super-169.jpg” data-src-full16x9=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-full-169.jpg” data-src-mini1x1=”//cdn.cnn.com/cnnnext/dam/assets/180913064459-clarence-thomas-file-06012017-small-11.jpg” data-demand-load=”not-loaded” data-eq-pts=”mini: 0, xsmall: 221, small: 308, medium: 461, large: 781″ src=”data:image/gif;base64,R0lGODlhEAAJAJEAAAAAAP///////wAAACH5BAEAAAIALAAAAAAQAAkAAAIKlI+py+0Po5yUFQA7″/>