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Clarence Thomas



  • We Don't Need to Pretend Clarence Thomas Can Read the Founders' Minds

    by Heidi Li Feldman and Dahlia Lithwick

    The approach to "original intent" laid out in recent gun control rulings imagines the founders as capable only of the most cramped and limited understanding of the function of law in a society, argue a legal scholar and veteran court reporter. 



  • Margaret Sanger's Ghost and the Antiabortion Movement

    by Melinda Cooper

    The anti-abortion right's invocation of eugenics in the Dobbs case and in their public rhetoric might seem cynical. But it could be effective, unless the history of Sanger's relationship to eugenics and reproductive freedom is better understood. 



  • Corey Robin on the Enigma of Clarence Thomas

    The political scientist's 2019 biography of the Justice comes in for new attention with Thomas's controversial judicial opinions (and the alleged actions of his wife on January 6). 



  • Originalism is Just Selective History

    by David H. Gans

    "This is a Court that insists it is following history and tradition where they lead, while cherry-picking the history it cares about to reach conservative results."



  • On the Historical Dilettantes Practicing Originalism

    by Joshua Zeitz

    "The functional problem with originalism is that it requires a very, very firm grasp of history — a grasp that none of the nine justices, and certainly few of their 20-something law clerks, freshly minted from J.D. programs, possess."