How Justice Clarence Thomas led SCOTUS to kill DEI

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SUPREME COURT RULES UNANIMOUSLY IN FAVOR OF STRAIGHT OHIO WOMAN WHO CLAIMED DISCRIMINATION

Justice Thomas has reiterated that American instrumentality protects idiosyncratic alternatively than groups rights passim his three-and-a-half decades connected the nation’s highest court. In 1995's Missouri v. Jenkins, for instance, Thomas became the archetypal Supreme Court justness to straight knock Brown v. Board of Education (1954). Although helium called state-mandated segregation "despicable," helium said that the Court was incorrect successful 1954 to trust connected disputable societal subject grounds to state segregation unconstitutional alternatively than invoking the "constitutional principle" that "the authorities indispensable dainty citizens arsenic individuals, and not arsenic members of racial, taste oregon spiritual groups."

Justice Thomas has made akin pronouncements successful galore different judicial opinions. His concurring sentiment successful 2007's Parents Involved successful Community Schools v. Seattle School District No. 1 is possibly the strongest articulation of his conception of equality: "The dissent attempts to marginalize the conception of a colorblind Constitution by consigning it to maine and Members of today’s plurality. … But I americium rather comfy successful the institution I keep. My presumption of the Constitution is Justice Harlan’s presumption successful Plessy: ‘Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.’" 

More recently, Justice Thomas wrote successful a concurring sentiment successful the Supreme Court’s 2023 decisions holding that colleges and universities cannot see contention successful admissions decisions that "While I americium painfully alert of the societal and economical ravages which person befallen my contention and each who endure discrimination, I clasp retired enduring anticipation that this state volition unrecorded up to its principles truthful intelligibly enunciated successful the Declaration of Independence and the Constitution of the United States: that each men are created equal, are adjacent citizens, and indispensable beryllium treated arsenic earlier the law."

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Justice Jackson’s sentiment for the Court reversing the little courts mightiness arsenic good person been penned by Justice Thomas himself. Justice Jackson quoted the substance of Title VII that makes it amerciable to instrumentality an adverse employment enactment against "any individual." She further quoted a 2020 Supreme Court decision, Bostock v. Clayton County, that held that the "law’s absorption connected individuals alternatively than groups [is] thing but academic." She added: "By establishing the aforesaid protections for each ‘individual’—without respect to that individual’s rank successful a number oregon bulk group—Congress near nary country for courts to enforce peculiar requirements connected majority-group plaintiffs alone."

Justice Thomas joined Justice Jackson’s sentiment for the Court "in full." But helium besides issued a concurring sentiment successful which helium suggested that the "background circumstances" regularisation is not lone inconsistent with the statutory substance of Title VII but is "plainly astatine likelihood with the Constitution’s warrant of adjacent protection." Most important for contiguous purposes, Thomas made wide that if proponents of DEI are hoping that the Ames determination has thing to bash with their DEI programs, they are sorely mistaken. "American employers person agelong been ‘obsessed’ with ‘diversity, equity, and inclusion’ initiatives and affirmative enactment plans," helium wrote. "Initiatives of this benignant person often led to overt favoritism against those perceived to beryllium successful the majority."

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When Justice Antonin Scalia died successful 2016, Court watchers openly speculated astir who would regenerate him arsenic the intelligence person of the blimpish ineligible movement. Clarence Thomas has unquestionably filled that role. After all, successful Ames adjacent Justice Thomas’s wide colleagues connected the nation’s highest tribunal conceded that American instrumentality protects idiosyncratic alternatively than radical rights.

Scott Douglas Gerber is the writer of, among different books, "First Principles: The Jurisprudence of Clarence Thomas." He is presently completing a ineligible thriller entitled "The Trafficker: A Novel."