In two opinions issued Monday, the Court gave qualified immunity to several police officers accused of violating the Constitution.
The Court has "failed to justify our enacted policy," he wrote.
He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.
Justice Thomas Wonders When Supreme Court Will Have To Consider Social Media's Private Deplatforming Power
A moot case about Trump blocking tweets leads to concerns that tech companies have too much control over speech.
The Cops Who Sicced a Dog on a Surrendered Suspect Got Qualified Immunity. SCOTUS Won't Hear the Case.
"I have previously expressed my doubts about our qualified immunity jurisprudence," writes Associate Justice Clarence Thomas in a dissent.
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
Justice Sonia Sotomayor has some concerns.
"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."
"If you can't debate hard issues honestly, with honor, with integrity, how do we keep a civil society?" Thomas said.
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Asset forfeiture has "led to egregious and well-chronicled abuses," Thomas writes.