In my view, when historians look back on this period of the Supreme Court, Justice Clarence Thomas will be seen as extremely important justice. While Justice Scalia will be seen as the justice who initially developed modern originalism on the Court, Justice Thomas will be seen as the justice who most consistently pursued the doctrine. Although Thomas’s decisions may have fewer adherents on the Supreme Court, he has exerted influence in other ways by making previous positions that were not discussed in government bodies – such as returning to the pre-New Deal Commerce Clause – to be part of the conversation. His differences with Justice Scalia also shows to the world that originalism comes in various stripes.
It is therefore a welcome event that Ralph Rossum is publishing a new book on Justice Thomas’s jurisprudence. Rossum’s other work suggests that this is likely to be an excellent book and is one that I hope to read in the near future. Here is a description of the book: