Anonymous

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FWIW, Thomas is considered to be a bit of a loon. Never wrote a majority opinion as far as I know. In fact, he is like the baker who thinks yeast is poison. Here’s the summary

“ The truth is that Rehnquist and Roberts never trusted Thomas to write an opinion in a big case that could command a majority of even his conservative colleagues.

Why was this? It is because Thomas is not a conservative but, rather, a radical—one whose entire career on the Court has been devoted to undermining the rules of precedent in favor of his own idiosyncratic interpretation of the Constitution. By his own account, Thomas is an extreme originalist, one who is guided exclusively by his own understanding of what the words of the Constitution mean rather than what the other hundred and eleven people who have served on the Court in its history have judged them to mean. His vision is more reactionary than that of any Justice who has served on the Court since the nineteen-thirties, and his views are closest to those of the Justices who struck down much of the New Deal during that era. Indeed, in a concurring opinion in 1995, Thomas basically embraced this antediluvian view of the Constitution, writing, “I am aware of no cases prior to the New Deal that characterized the power flowing from the Commerce Clause as sweepingly as does our substantial effects test. My review of the case law indicates that the substantial effects test is but an innovation of the 20th century. . . . At an appropriate juncture, I think we must modify our Commerce Clause jurisprudence.”