Comments on: Thomas and Scalia http://www.outsidethebeltway.com/archives/thomas_and_scalia/ Online Journal of Politics and Foreign Affairs Thu, 26 Nov 2009 00:12:56 -0600 http://wordpress.org/?v=2.8.5 hourly 1 By: bryan http://www.outsidethebeltway.com/archives/thomas_and_scalia/comment-page-1/#comment-19579 bryan Wed, 31 Dec 1969 18:00:00 +0000 /?p=6664#comment-19579 Thomas said as much when I got to speak with him as part of a class visiting Washington earlier this year. He said many people make a big deal out of who votes with who because it's political, when actually, you have to look at what judicial philosophy the justice is coming from to understand how they vote. He also mentioned that the court really functions more like nine separate courts, rather than a single court. Each justice makes up his mind on his own, and isn't usually swayed by arguments in conference. And, yes, he did come off as a much more intelligent, committed individual (but congenial) than he gets credit for in the press. Thomas said as much when I got to speak with him as part of a class visiting Washington earlier this year. He said many people make a big deal out of who votes with who because it's political, when actually, you have to look at what judicial philosophy the justice is coming from to understand how they vote. He also mentioned that the court really functions more like nine separate courts, rather than a single court. Each justice makes up his mind on his own, and isn't usually swayed by arguments in conference.

And, yes, he did come off as a much more intelligent, committed individual (but congenial) than he gets credit for in the press.

]]> By: Dodd http://www.outsidethebeltway.com/archives/thomas_and_scalia/comment-page-1/#comment-19580 Dodd Wed, 31 Dec 1969 18:00:00 +0000 /?p=6664#comment-19580 Baude doesn't mention it in his not-nearly-long-enough piece, but Thomas has been slowly ammassing a body of dissents during his time on the Court that builds a fairly solid starting point for reviving the BNecessary & Proper Clause from it current moribund, dead letter status. It's fairly exciting stuff for an orignalist law geek like me (but then again, so ar Scalia's often delicious dissents; which is to say, I rather like them both). Baude doesn't mention it in his not-nearly-long-enough piece, but Thomas has been slowly ammassing a body of dissents during his time on the Court that builds a fairly solid starting point for reviving the BNecessary & Proper Clause from it current moribund, dead letter status. It's fairly exciting stuff for an orignalist law geek like me (but then again, so ar Scalia's often delicious dissents; which is to say, I rather like them both).

]]> By: Crescat Sententia http://www.outsidethebeltway.com/archives/thomas_and_scalia/comment-page-1/#comment-19581 Crescat Sententia Wed, 31 Dec 1969 18:00:00 +0000 /?p=6664#comment-19581 <strong>Thanks Again</strong> Thanks to all who linked to my TNR Piece on Justice Thomas last week-- Josh Chafetz, Glenn Reynolds, James Joyner, Stuart Buck, "JDB", Betsy Newmark, Spencer at Mediocrity's Copilot, Bryan at Sly Bri, John Stevenson, Tom at Big Tent, Amber... --- Thanks Again
Thanks to all who linked to my TNR Piece on Justice Thomas last week-- Josh Chafetz, Glenn Reynolds, James Joyner, Stuart Buck, "JDB", Betsy Newmark, Spencer at Mediocrity's Copilot, Bryan at Sly Bri, John Stevenson, Tom at Big Tent, Amber...

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