Lasting Legacy of Clarence Thomas: A Look at the Influence on History

A closer look at the lasting mark left by Clarence Thomas—a timeline of influence.

Clarence Thomas is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States since 1991. Nominated by President George H.W. Bush, he succeeded Thurgood Marshall. Thomas is the second African American to serve on the U.S. Supreme Court, after Marshall, and became its longest-serving justice after Anthony Kennedy's retirement in 2018.

Sections (5)

Full Timeline Early Life & Education Career & Achievements Controversies & Scandals Legacy & Impact

1963: Criticism of Gideon v. Wainwright

Justice Thomas has criticized Gideon v. Wainwright decision from 1963 and has expressed his desire to reconsider it.

1964: Criticism of New York Times Co. v. Sullivan

Justice Thomas has expressed his desire to reconsider New York Times Co. v. Sullivan decision from 1964.

1973: Criticism of Roe v. Wade

Justice Thomas has criticized Roe v. Wade decision from 1973 and has expressed his desire to reconsider it.

1979: Nevada v. Hall

In 1979, the decision in Nevada v. Hall stated that states could be sued in courts of other states, a decision that was later overruled by Justice Thomas in 2019 in Franchise Tax Board of California v. Hyatt.

2004: Hamdi v. Rumsfeld Dissent

In 2004, Justice Thomas dissented in Hamdi v. Rumsfeld, arguing that courts should defer to the executive's decision to determine if Yaser Esam Hamdi was an enemy combatant.

2006: Hamdan v. Rumsfeld Dissent

In 2006, Justice Thomas was one of three justices to dissent in Hamdan v. Rumsfeld, which concerned the President's authority to establish military tribunals for detained enemy combatants. He referenced The Federalist Papers to support his view of the President's responsibility for national security.

October 1, 2012: Opinions Authored by Thomas

By October 1, 2012, Justice Clarence Thomas had written 475 opinions, including 171 majority opinions, 138 concurrences, and 166 dissenting opinions, which was about 10 percent of the 1,772 cases decided by the Court since he joined.

2013: Remarks on Stare Decisis

At a 2013 Federalist Society dinner, Justice Thomas indicated that "stare decisis" does not hold enough force to keep him from going to the Constitution when interpreting the law.

2013: Thomas's Philosophy on Questioning

In 2013, Thomas said it was "unnecessary in deciding cases to ask that many questions ... we should listen to lawyers who are arguing their cases, and I think we should allow the advocates to advocate."

2015: Zivotofsky v. Kerry Opinion

In 2015, Justice Thomas relied on the Articles of Confederation in his opinion in Zivotofsky v. Kerry, asserting that the President is not confined to powers expressly identified in the Constitution and that residual foreign affairs powers are vested in the President, not Congress.

2017: Analysis of Thomas's Questioning Style

In 2017, RonNell Andersen Jones and Aaron L. Nielson wrote in Northwestern University Law Review that while asking few questions, "in many ways, [Thomas] is a model questioner."

2019: Gamble v. United States

In 2019, Justice Thomas joined the majority opinion in Gamble v. United States, which revisited an exception to the Double Jeopardy Clause. He wrote separately to state his position against the Court's prevailing view of multi-factor analysis regarding whether to follow precedent.

2019: Franchise Tax Board of California v. Hyatt

In 2019, Justice Thomas wrote the 5–4 decision in Franchise Tax Board of California v. Hyatt, overruling Nevada v. Hall from 1979, which had stated that states could be sued in courts of other states. In his majority opinion, he noted that stare decisis "is not an inexorable command".

2019: Questioning Precedents

In 2019, The New York Times reported that Justice Thomas had written over 250 concurring or dissenting opinions that seriously questioned precedents, calling for their reconsideration or suggesting they be overruled.

2022: Increased Influence on the Supreme Court

By 2022, Justice Clarence Thomas's influence on the Supreme Court had increased, with him authoring an opinion expanding Second Amendment rights and contributing to the Court's overruling of Roe v. Wade. He also became the most senior associate justice.

2024: Most Recent Justice Confirmed by Opposing Senate

As of 2024, Clarence Thomas remains the most recent Supreme Court justice to be confirmed by a Senate controlled by the opposing party of the appointing president.