August 23, 2006
Thomas, J., Sitting by Designation
August 23, 2006 02:40 AM
In May I posted about the possibility of role-playing a current SCOTUS justice in a seminar that looks at current cases pending before the Court. Well, yesterday I and my co-justice were selected to be Justice Thomas for the remainder of the year. I know that Thomas actually asked questions during a cross-burning case, but are there any other cases where he's spoken during oral arguments? Also, does anyone have a copy of a 1793 English Dictionary?
Are you into originalism in your search for a 1793 dictionary? For example, what were the definitions of "intercourse among the states" and "commerce" at the times of the adoption/ratification of the Constitution?
Also, I would suggest that when you sit as Justice Thomas you have a can of Pepsi and not Coca Cola - and by all means use a straw!
Am I into originalism? Is that a joke or something? The hell with Leiter's criticism of originalism...it makes for the shortest opinions.
I will stock up on Pepsis and straws immediately. Appreciate the tip. Do I have any other quirks?
Lean back in your chair, show life only when someone hands you something to read, and you'll cover all I know about Thomas in oral argument. I will say that I'm finding a greater affection for Thomas's opinions; I think he's better at getting to the point without a lot of entertaining but rather juvenile and unprofessional extras. In particular, his Lawrence dissent contrasts favorably with Scalia's. Thomas simply said he wouldn't keep the law as a legislator but cannot void it as a judge, whereas Scalia felt the need to go on at length about the slippery slope to incest and bestiality.
As a matter of good blogging form, you may wish to link to this entry whenever you write a post as CT. Readers who see your later posts may get confused when reading about Armen's "fellow justices," especially if they did read this the first time.
Yeah I was thinking about that...but I was just too lazy.
Georgia v. Randolph, last term