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It's an article of faith in some circles that Clarence Thomas takes all his cues from Antonin Scalia. Eugene Volokh points out the most recent reason to recognize that this just isn't accurate.
It's also widely believed, among those who reject the theory that the two justices march in lockstep, that Thomas is more libertarian than Scalia. In many ways that's true -- but in the example that Eugene cites, it isn't.
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|6.28.04 @ 5:37AM|#
If only Justice Thomas *had* followed Scalia in lockstep!
|6.28.04 @ 6:58AM|#
I wish the article had a link when it mentions their differing opinions- I'd like to read more about some of those specific areas.
And I would disagree that Thomas "eloquently" expressed his views in the Hamdi opinion. I thought it was relatively ham-fisted. Out of the several opinions in the case, the only one I found eloquent was Scalia's (did I just say that! I usually can't stand the guy).
|6.28.04 @ 11:45AM|#
Thomas' position on religion & the state is hardly "libertarian." Indeed, he advocates for a reading of the Constitution that would allow for state chruches. However, I am not one of those who thinks that Thomas is somehow Scalia's puppet.
|6.29.04 @ 9:10AM|#
Scalia's opinion in Hamdi is very interesting and an effective rebuttal to any claim he is the Torquemada of the right, lock-step administration lackey.
|6.30.04 @ 12:06PM|#
". . . effective rebuttal to any claim he is the Torquemada of the right . . ."
Did you just insult me?