In general, Republicans got tired of all their racist attacks on Obama being called out for racism, and they understood it to mean that any critique of a black man is racist.
So you can’t point out reality like Thomas got into law school under an AA program and turned against AA, that he’s the least qualified justice or being a conservative extremist far outside of the mainstream without Republicans thinking it must be racist.
The undisclosed vacations paid by a Republican megadonor is one thing. His wife’s flirtation with abetting an attempted coup is another. Add it up and it looks really gross.
Thomas has also been a leading proponent of ignoring stare decisis- “to stand by things decided” - or what used to be called judicial legislating by the Right…until recently. Thomas would love to dismantle most of 20th century jurisprudence if he could. Overturning Roe is a sparkling example.
That’s the way it works with the libs shiny new two tiered America. The Biden’s aren’t even trying to hide Joe’s status as a bought and paid for Chinese stooge…
Fair enough. At the same time stare decisis may not be spelled out in the Constitution but it has long roots in law going back to the 18th century. Bad law should be overturned. But we are not talking about one or two cases here. Thomas would love nothing more than to dismantle 20th century jurisprudence up to and including gay marriage and sodomy laws.
From Thomas’ words:
For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is “demonstrably erroneous,” Ramos v. Louisiana…(THOMAS, J., concurring in judgment)…we have a duty to “correct the error” established in those precedents, Gamble v. United States…(2019) (THOMAS, J., concurring)….After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated.
I would add to that- if Thomas’ beliefs were coherent I could almost see people making his case.
He is a firm critic of the 14th amendment’s due process clause as it has been used to expand rights in terms of reproduction, gay rights, etc.
Interestingly he picks on only two areas- gay rights and abortion that are protected under “due process” while ignoring the most telling part- that the clause was instrumental for overcoming anti-miscegenation laws.
This shows that he is solely interested in political objectives instead of a coherent judicial philosophy.
If you want to dismantle an entire branch of judicial rulings because you disagree with their philosophical underpinnings, you can’t pick and choose.