Thomas splits from SCOTUS majority more often than liberal justices
Justice Clarence Thomas has emerged as a dissenter more than any other member of the Supreme Court in the current term, setting himself apart from the majority in the conservative-led bench.
Despite a six-to-three conservative majority, Thomas has found himself at odds with the court's stance more frequently than the liberal justices over 17 opinions issued since the term began in October 2024, as Newsweek reports.
The Supreme Court's current lean towards conservative rulings is bolstered by a six-justice majority. However, throughout this term, Justice Clarence Thomas has diverged from this anticipated path, dissenting more often than expected.
Of the 17 decisions announced to date, he has opposed the majority view in four cases. This statistic stands out given that other justices, including Justice Neil Gorsuch, dissented thrice fully and once partially, and liberal justices such as Justice Ketanji Brown Jackson dissented thrice, with Justices Sonia Sotomayor and Elena Kagan dissenting on fewer occasions.
Justice Thomas's Unique Approach to Precedents
This pattern is not unfamiliar to those who have followed Thomas's career. Known for his distinctive constitutional interpretations, he has a history of frequently penning dissenting and concurring opinions, often challenging established doctrines.
Stephen Wermiel highlights that Thomas has long authored more dissenting and concurring pieces than almost anyone else on the court. In this term, he remained consistent in this approach, diverging from the court's majority on at least 15 occasions concerning orders.
Thomas's approach has sparked discussion among experts like Michael Gerhardt, who notes that Thomas's legal perspective is particularly extreme, diverging significantly from established constitutional law.
He has built a reputation on advocating for the reconsideration and potential overruling of numerous legal precedents. This strategy has distinguished him from his peers, even within a bench that shares his conservative viewpoints broadly.
Examining Thomas's Divergent Opinions
During the current term, Chief Justice John Roberts and Justice Brett Kavanaugh have each aligned with every majority decision, not dissenting even once.
This contrasts with Thomas's more oppositional record. Additionally, Justice Amy Coney Barrett dissented a full opinion once and partially in two, mirroring Justice Samuel Alito's partial divergence in one opinion.
Justice Thomas stands apart due to his willingness to oppose not just the liberal justices but his fellow conservatives as well.
According to Gerhardt, Thomas's jurisprudence appears to some as a near endorsement of Republican agendas, although Thomas claims an originalist interpretation justifies his decisions.
This premise is contested, as some argue that genuine originalism could sometimes hinder Thomas’s desired outcomes, leading him to bypass it selectively.
Unpacking Supreme Court's Decisions
The Supreme Court is not without consensus, as evidenced by 10 unanimous decisions up to this point in the term. While these unanimous rulings often involve less contentious issues, they illustrate the potential for agreement within the court.
However, Thomas's dissents often arise on topics the court opts not to tackle, positioning him as an advocate for issues he perceives as urgent or misjudged at the lower court levels.
Decisions from the Supreme Court for the ongoing term will continue to be issued up until Oct. 5. As such, Thomas's trend of divergence is likely to remain an area of focus among court watchers.
Despite the seemingly unified conservative front, the frequency of his dissent provides insight into the nuances and complexities behind Supreme Court rulings.
Thomas's willingness to voice opposition, even within a generally aligned bench, underscores the ongoing diversity of thought and interpretation among the justices.