April 27, 2007

Our readers may remember Steve Presser from his extensive constitutional law discussion with Richard Epstein after Chief Justice Roberts was nominated to the High Court. Professor Presser has a new piece in this spring's City Journal on the jurisprudence of Clarence Thomas, "Reading the Constitution Right". Presser's conclusion?

Far from being an embarrassment to the Supreme Court, Thomas is contributing some of its most forceful and learned opinions. Even more remarkable, perhaps, is his willingness to go against the prevailing constitutional wisdom. Race probably did play some part in his selection. But by the time he retires, the general assessment will doubtless be that he was one of the most influential justices of his time.