I look forward to Ed Whelanโs review of Supreme Discomfort. Yesterday its authors got the Woodward treatment from their employers at the Washington Post, with a 2,700-word excerpt from the book that began on the front page. Interesting stuff, I guess, but I felt at the end that it had appealed chiefly to a prurient interest in Clarence Thomasโs private life. I kind of wanted to wash my hands afterward. Of biographies it might generally be said that their prying into private lives is more tolerable when their subjects are dead. If thatโs hypocritical, so be it.
The book was reviewed in the same dayโs Post by Kenji Yoshino of Yale Law School, who noted that it is โsurprisingly short on Thomasโs legal decisions and philosophy.โ Thatโs a pretty serious shortcoming in a book about a sitting Supreme Court justice. But Yoshino was not above his own false notes. It requires advanced training in the law to write a sentence as asinine as this one about originalism: โBut what does it mean for Thomas to interpret the Constitution according to the intent of those who would have considered him to be chattel?โ I suppose that if Yoshino were intent on proving that originalism is impossible because the foundersโ minds cannot be fathomed at two centuriesโ remove, he might be said to have ironically achieved something hereโsince he has certainly proven that he doesnโt understand them.






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