Thomas is horrible 99% of the time. But he is actually fairly lucid when he’s writing…
I’m not going to address Affirmative Action on the whole as theory or practice but I am sympathetic to your unease in finding yourself nodding along to Justice Thomas. I had the similar and unfortunate experience last week while reviewing my Con Law readings. His Grutter dissent is actually a stirring revival of the important and beautiful colorblind interpretation the Equal Protection Clause as well as a reality check on how lax the Court can be with the second prong of the Strict Scrutiny inquiry. I admit, I felt fairly strange telling a friend after class that I was both the President of my law school’s ACLU and (temporarily) in agreeance with Justice Thomas.
Thankfully this sympathy for the (originalist) devil(s) didn’t last too long. This morning I draw caricatures of Scalia sobbing like a baby in the margins of his particularly histrionic United States v. Virginia (1996) dissent. D: < Scalia
Anywho, relevant news is relevant: New York Times - Supreme Court Agrees to Hear Affirmative Action Case