Author name: JLPP

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-6-Neomi-Rao-Saying-What-the-Law-Is-Justice-Thomas-Style.pdf” color=”red”] Download PDF[/button] Saying What the Law Is, Justice Thomas Style Hon. Neomi Rao*   During his thirty years on the Supreme Court, Justice Clarence Thomas has profoundly impacted how we think about the separation of powers and, in particular, has illuminated how aspects of the administrative state contravene the Constitution’s text and structure. In this short essay, I focus on the Justice’s methodology for spurring doctrinal shifts. Many judges stay only on […]

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-5-Liam-P.-Hardy-Margaret-A.-Ryan-Justice-Thomas-Staunch-Defender-of-Criminal-Defendants-Fifth-and-Sixth-Amendment-Rights.pdf” color=”red”] Download PDF[/button] Justice Thomas:  Staunch Defender of Criminal Defendants’ Fifth and Sixth Amendments Rights Liam P. Hardy[*] and Margaret A. “Meg” Ryan[†]   In addition to receiving the incredible privilege of clerking for Justice Thomas, we have also both had the honor of serving as judges on the U.S. Court of Appeals for the Armed Forces (USCAAF). Others will recount the joys of clerking for Justice Thomas: suffice to say that it

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-4-James-C.-Ho-22Be-Not-Afraid22.pdf” color=”red”] Download PDF[/button] “Be Not Afraid” by James C. Ho   In his three decades of service as a member of the Supreme Court of the United States, Justice Clarence Thomas has made countless contributions to the development of American law.  But his greatest influence on our nation transcends any one particular area of jurisprudence.  Perhaps the best way to capture Justice Thomas’s most important impact on the judiciary—and to celebrate his thirty-year

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-3-David-R.-Stras-Speaking-Out-on-Justice-Thomas.pdf” color=”red”] Download PDF[/button] Speaking Out on Justice Thomas The Honorable David R. Stras   One of my fondest memories and greatest honors was having Justice Thomas swear me in as a judge. He did it not once, but twice, first when I joined the Minnesota Supreme Court over a decade ago and then again when I became a judge on the United States Court of Appeals for the Eighth Circuit. The first time,

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-2-Gregory-E.-Maggs-Justice-Thomas-and-Stare-Decisis.pdf” color=”red”] Download PDF[/button] Justice Thomas and Stare Decisis By Gregory E. Maggs[1]   This essay briefly describes and analyzes two aspects of Justice Clarence Thomas’s jurisprudence concerning the doctrine of stare decisis.  The first aspect is well-known from his judicial opinions: Justice Thomas, unlike his judicial colleagues, believes that the Supreme Court should never follow demonstrably erroneous precedent.[2]  The second aspect is less familiar but perhaps equally important: Justice Thomas insists on knowing

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-1-Gregory-G.-Katsas-Justice-Thomas-Joins-the-Supreme-Court.pdf” color=”red”] Download PDF[/button] Justice Thomas Joins the Supreme Court The Honorable Gregory G. Katsas[*]   I am delighted to offer a few memories of the nomination, appointment, and first Supreme Court term of Justice Clarence Thomas.  At that time, I served as one of his law clerks. * * * At 3:25 P.M. on Sunday, June 30, 1991, the telephone rang in the D.C. Circuit chambers of Judge Clarence Thomas.  I tensed up