70 Year Magazine Archive

Bad Fences

by Clint Bolick

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Clarence thomas likes to keep his powder dry. As an Associate Justice of the United States Supreme Court, Thomas tends to abstain from the wide-ranging rhetorical struggles many of his colleagues fancy. He chooses his battles carefully; but when he engages, he does so with a clarity of purpose and vision all too rare in contemporary jurisprudence.

It was perhaps fitting that Thomas delivered the tour de force of his young judicial career last June in a concurring opinion in a technical voting rights dispute. For Thomas, Holder v. Hall was the latest episode in a saga of judicial activism that has torn apart our nationโ€™s racial fabric. Thomasโ€™s sweeping call to overturn 25 years of misguided precedents commands far less than majority support on the Court. But in the tradition of great dissents, it is a clarion call that will demand recurrent attention, summed up in one bold word: Enough.

CB

About the Author

Clint Bolick

Clint Bolick is a justice on the Arizona supreme court. His opinions and articles can be found at azjustice44.com.

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