The current term of the Supreme Court has showcased unexpected dissent, predominantly from Justice Clarence Thomas.
Despite a conservative leaning in the Supreme Court, Thomas frequently dissents compared to his colleagues this term, attributed to his distinctive Constitutional interpretations and his readiness to contest legal precedents, Newsweek reported.
As of now, the Supreme Court, which boasts a conservative supermajority of 6-3, has delivered 17 opinions for the 2024 term, commencing in October 2024 and continuing through October 2025. Justice Clarence Thomas has dissented in four of these opinions. While notable, it's not entirely surprising given Thomas's history of individualistic opinions and his bold stance in challenging settled law.
Legal experts are not shocked by Clarence Thomas's frequency of dissent. Supreme Court expert Stephen Wermiel observes, "Justice Thomas has long written more dissenting and concurring opinions than just about anyone else on the Court." His approach is informed by his own philosophical interpretations.
Justice Neil Gorsuch follows closely, dissenting fully on three opinions and partially on one. Other justices, such as Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan, have also registered dissents, albeit to a lesser degree than Thomas.
Michael Gerhardt, a constitutional law scholar, agrees that Thomas's pattern of frequent dissent isn't new. "It is because he takes the most extreme positions contrary to settled constitutional law," Gerhardt says, noting that Thomas's stances often align strongly with Republican ideals.
Justice Thomas's individualistic stance sometimes leads him to break with the court on orders as well, 15 times this term alone. "He challenges precedent more extensively than any other Justice," remarks Gerhardt, further highlighting Thomas's independence in court deliberations.
In contrast, Chief Justice John Roberts and Justice Brett Kavanaugh have shown unity with the Court's majority, not breaking from it in any opinions during this term. This divergence underscores Thomas's unique position and approach to the law.
Michael Gerhardt said, Thomas's jurisprudence comes closer than any other justice's to being nearly a rubber stamp for Republican presidents and Republican legislation. While he claims originalism as his basis for doing so, he often neglects honest originalism when it stands between him and the outcome he needs to reach.
While the Supreme Court is widely perceived as conservative, it occasionally delivers unanimous decisions; 10 out of the 17 current term opinions were unanimous. Wermiel suggests that the lack of division in less prominent cases might be misleading, "Unbeknownst to many people, the Supreme Court decides a fair number of unanimous decisions."
Justice Thomas's dissents often arise, not when the Court is split, but when it chooses to pass on cases he believes demand immediate attention. These include instances such as Speech First v. Whitten, wherein he felt the issue merited resolution.
This pattern was evident in his reaction to cases like Hittle v. City of Stockton, where Justice Thomas perceived errors in lower courts that he believed warranted correction. "He dissents for different reasons," Wermiel explains, emphasizing Thomas's dedication to his ideological principles.
Justice Clarence Thomas continues to dissent frequently, often diverging from his fellow justices despite a conservative majority. His interpretations of the Constitution, influence his decisions significantly, leading him to challenge settled precedents. Legal experts find this unsurprising, given Thomas's historical patterns and philosophical approach.
