Clarence Thomas’s persistent, text‑and‑history originalism is no longer marginal: his opinions and concurrences (e.g., in Louisiana v. Callais) are pulling the Supreme Court toward rules that limit the federal judiciary’s use of the Voting Rights Act and that favor state control over districting and rights incorporation. This is the culmination of a multi‑decade jurisprudential project that previously seemed fringe but now has practical effects on how courts review race‑conscious maps and which constitutional clauses (Privileges or Immunities vs. Due Process) protect rights.
— If the Court follows Thomas’s reasoning, federal remedies for racialized districting will shrink and doctrinal routes for incorporating rights against states may be reframed, shifting political power over representation and civil‑rights enforcement.
Ilya Shapiro
2026.05.07
100% relevant
Thomas’s concurrence in Louisiana v. Callais asserting Section 2 does not regulate district lines; references to Bruen and McDonald as examples of doctrinal victories; milestone of his length of service demonstrating institutional durability.
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