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Is Clarence Thomas going or just started?



"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 ̵

1; which was technically an agreement to deny a certificate for a case involving speech – Thomas complains that, according to the Court's first amendment, precedents, "Public figures are prevented from reimbursing defamation benefits unless they can prove that the disputed statement is made with" actual malice "- that is, with the knowledge that he is untrue or recklessly ignoring whether he is untrue or not. "

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.

  READING: Opinion of Justice Clarence criticizing a remarkable first-instance case

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″/>

"Examining the history of these powers reveals how far our modern case law separates the separation of powers from the original of the Constitution, "he writes.

In 2015, Cooper writes for the National Affairs Magazine: "Only justice Thomas consistently questions the constitutionality of the modern administrative state."

Today, the issue has accumulated and has become a flash point in Washington and an initiative by the Trump administration.

In fact, Thomas's former secretary, Neomi Rao, serves as the administrator of the Office for Information and Regulatory Affairs. This is a little-known subject in the Office of the White House Office and Budget Office whose task is to ensure that federal agencies follow the law and act in accordance with the administration's policy. In short, Rao served as President King Donald Trump's king for regulatory refusals.

She is also a candidate for the US Court of Appeal for the District of Columbia, a site for the propagation of future judges.

Thomas's War

At the moment, Washington is filled with former clerks of Thomas and students.

Trump has nominated 11 former Thomas clerks for the courts. People like Gregory Katsas, who has served in the White House office and is now sitting in the United States Court of Appeal for the District of Columbia. And James S. Ho, nominated for Trump, who sits on the Fifth Chain.

There are former clerks in the office of the White House adviser, including Deputy Councilor Patrick F. Filbin and Kate Commerceford Todd, who heads the White House adviser's trial, Patrick Cipolon. Andrew Ferguson, another former clerk, had to join the White House team, but instead filled out the opening as an adviser on Senate President Sen. Lindsey Graham's candidacies. There are also "honorable" officials – close to Thomas who have never worked for him – such as Alex Azar, who serves as secretary for health and humanitarian services, Senator Mike Lee, Utah, who serves a jury. Mark Paoletta, who is the chief adviser to the Office of Management and Budget. Jeff Wall, another clerk, is the first deputy attorney-general of the United States who is trying to discuss cases before the Supreme Court and helps manage the administration's appeals strategy.

And not just those in the government are making a mark.

Kari Severin served as Chief Counsel for the Judicial Network, a group dedicated to the Trump nominees. In December, her group launched a national cable and digital advertising campaign for $ 1.5 million, aimed at confirming conservative judges.

William S. Convoy, working in private practice – is currently in a federal court in Boston, challenging the use of a Harvard race in reception plans. A total of five former Thomas officials are working on the efforts that ultimately go to the Supreme Court and make a precedent.

To be sure, the former clerks did not set foot on Thomas's mind, but Thomas's clerk now serving in the administration is unusual.

Which does not mean that Thomas has enough voices in court for some of his opinions. But he is a prolific writer, even if he is alone, just like Justice William Rennquist before he became the chief judge in the mid-1980s.

It's almost impossible to get into the head of justice on the issue of retirement.

But one thing is clear: Thomas writes about the future.


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