Justice Clarence Thomas has long been a figure of ridicule and contempt, even hatred, from the left. Had he been a liberal, he almost certainly would have been their champion and hero: black, and raised in abject poverty with an extraordinary story that would ordinarily touch the heart. However, he’s not a liberal; not at all.
But it turns out that, jurisprudentially speaking, Thomas may have the last laugh:
Liberals have always dismissed Thomas as simply Scalia’s wingman, though no one who actually read with any care their separate opinions, concurrences, and dissents would think so. But the great thing about being a liberal is that you can just go with a cliche and skip the careful thinking part.
But now that the whole scene is in flux with the arrival of Justice Gorsuch—who, like Justice Thomas, believes that the natural law tradition in legal history stretching back to Roman times still has today what social scientists call “normative” value—the left is taking stock of things, and realizing that they are in a heap of trouble…
…Ian Millhiser, who writes about legal affairs for the Center for American Progress. He, too, thinks Thomas defines the center of gravity for conservative jurisprudence, calling Thomas “the most important legal thinker in America.”
The left still despises Thomas. But now they fear he was actually the vanguard of a way of thinking that could become far more dominant in American judicial thought. From that Millhiser article:
But if you’re asking how effectively Thomas helped sway Chief Justice John Roberts or Justice Anthony Kennedy to his own views, you are asking the wrong question. In a series of opinions joined by no other justice, Thomas waged a quiet war of ideas against twentieth century liberalism — and he won the hearts of a legion of conservative law students. Many of those former students are now old enough to be judges.
As of this writing, fully 20 percent of the judges Donald Trump appointed to the federal appellate bench are former Thomas clerks. Thomas lost the war for the present, but he is the future of legal conservatism. And he may soon be America’s future.
The author of those words is not at all pleased at the prospect.

