New book highlights Justice Clarence Thomas’ originalist focus on people, issues

Justice Clarence Thomas maintains an originalist focus on the people and their problems as he considers the cases they bring to the Supreme Court, according to a new biography on the court’s longest-serving member.

“The People’s Justice,” published Tuesday by Regnery Gateway, highlights a dozen disputes to show how Justice Thomas relies on the original meaning of the terms and ideas expressed in the Constitution in interpreting laws. Written by Judge Amal Thapar of the 6th U.S. Circuit Court of Appeals, the book explores the justice’s insights into the cases argued before the court.

“[Justice Thomas] remembers they are real people, and he often includes little statements in his decisions directed at those people,” Judge Thapar said in an interview.

For example, in 2003’s Grutter v. Bollinger the high court said affirmative action is legal, for now, but likely not in the next 25 years. Justice Thomas dissented, saying: “The Constitution will mean the same thing today as it will in 300 months.”

The statement foreshadows how Justice Thomas may rule in two pending challenges to race-based admissions standards at the University of North Carolina and Harvard University, which the justices are set to determine if affirmative action is discriminatory by the end of June.

But that’s just one of several legal battles Judge Thapar says highlights the justice’s record.

“I wanted to explain originalism to everyday people,” the judge said. “The goal was to take it out of legalese.”

Judge Thapar was the first appellate court nominee appointed by President Donald Trump in 2017. He was also on Mr. Trump’s Supreme Court short list.

Before joining the 6th Circuit, Judge Thapar was a U.S. District Court judge in Kentucky and worked as a U.S. attorney for the Eastern District of Kentucky.

In an interview with The Washington Times’ “Court Watch” podcast this week, he pushed back on the notion that Justice Thomas’ originalism is influencing the court — making it the “Thomas Court,” as some court watchers have said. SCOTUSBlog last year posted an article titled “John Roberts is the chief. But it’s Clarence Thomas’s court.”

Judge Thapar said no single justice wants the court labeled after him or her.

“I don’t know that it is fair to ever call a court after someone’s name,” he said. “All the justices are brilliant people, who are very thoughtful and I bet all nine take offense to that including Justice Thomas himself. He knows and respects his colleagues and admires all of them.”

Judge Thapar’s book comes at a time when Justice Thomas is under scrutiny for alleged ethics violations.

ProPublica reported that GOP megadonor Harlan Crow paid tuition at Hidden Lake Academy and Randolph-Macon Academy for Justice Thomas’ great-nephew, whom the justice took in to raise at the age of 6.

The tuition total could have cost more than $150,000, according to ProPublica. Justice Thomas did not disclose the payments in his financial disclosure forms, and the news outlet suggested that runs afoul of ethical standards required of a federal judge.

ProPublica reported in April that Justice Thomas did not disclose that he had taken multiple luxury vacations with Mr. Crow or that Mr. Crow had purchased his mother’s home even though she continued to reside there.

The Washington Post followed with an April 16 article examining what appeared to be a typo on the justice’s financial disclosure related to family real estate holdings in which he reported rental income to Ginger Ltd. Partnership instead of Ginger Holdings LLC.

The New York Times followed with a piece critical of Justice Thomas and other Republican appointees collecting generous salaries to teach courses at George Mason University’s Antonin Scalia School of Law.

Justice Thomas has defended his friendship with Mr. Crow and said he consulted with colleagues about disclosure requirements and didn’t skirt any rules.

In an interview published recently by The Atlantic, Mr. Crow denied talking to Justice Thomas about the high court or matters pending before it. He also said the purchase of his mother’s home was a fair market transaction.

“I don’t see the foot fault,” he said.

Democrats on the Senate Judiciary Committee have held at least two hearings on ethics concerns for the justices. They invited Chief Justice John G. Roberts Jr. to testify, but he declined.

The high court currently doesn’t have a mandatory code of ethics, even though lower court judges are expected to avoid impropriety or do business with anyone who may come before the bench.

Chief Justice Roberts has said the high court has generally followed the Judicial Conferences’ Code of Ethics that are binding on lower courts — but not the Supreme Court — since 1991.

He said all justices must file disclosures that are reviewed by the Judicial Conference Committee on Financial Disclosure and follow what lower courts do with recusals. But he noted that the system is flexible, given the composition of the high court.

The chief justice also said the court’s security has faced increased threats. He said they sometimes do not disclose justices’ travel arrangements for security reasons.

Senate Republicans have dismissed the allegations of ethics concerns and said it’s a political attempt by Democrats to delegitimize the Supreme Court.

Judge Thapar steered clear of commenting on ethics for the high court, but he said recusal is easier for lower court judges because there are more judges on the court to fill a three-judge panel. But if one of the nine justices recuses from a case, it leaves only eight to hear a dispute, which could result in a 4-4 ruling.

“We have an ethics code in the Court of Appeals — I’m not going to speak to the Supreme Court in particular since they are my bosses,” he said. “It’s a lot easier for us if I recuse. There are 13 active judges … you can easily replace me.”

“The People’s Justice” can be purchased via Amazon and in bookstores.

Listen to the full interview on “Court Watch” here: