The Liberal Justice Thomas: An Analysis of Justice Thomas’s Articulation and Application of Classical Liberalism
In both his public speeches and his Supreme Court opinions, Justice Clarence Thomas uses language that articulates a constitutional and political theory with roots in the ideas of classical liberalism. Thomas frequently espouses normative ideals commonly associated with classic liberal, or libertarian, thought in his public speeches and writings— limited government, the rule of law, personal responsibility, and freedom from restraint. In keeping with these principles, Justice Thomas often puts classical liberal theory into practice when writing judicial opinions in Na-tional Labor Relations Board and First Amendment cases. But Thomas’s endorsement of class-based affirmative action pro-grams to legally redress the social problems associated with chronic poverty stands in direct contrast to the tenets of classic liberalism. Similarly, his view that both a theory of justice and the best defense of limited government stem from the natural law principles embodied in the Declaration of Independence puts him at odds with contemporary libertarian theorists and conservative constitutional scholars. Finally, Thomas’s positions in Grutter v. Bollinger, Lawrence v. Texas, and Liquormart v. Rhode Island show that he does not always apply his conception of classical liberal principles in a theoretically consistent manner.
