My understanding was that Thomas only writes his fair share when you include all his idiosyncratic one-man dissents which influence no one and have failed to move the Overton Window. Is that wrong?
Yes. Check out Scotusblog if you want to look at other terms.
What I am bothered by is his apparent failure to contribute much to the Court in asking questions to get to the heart of issues
Oral argument is performance, not persuasion. The evidence of influence is citation of majority decisions in future terms and future courts. In other words, the rest of that paragraph would be just as true without reference to questions at oral argument. Please stop repeating the stupid talking point.
Personally, I am not bothered by Thomas’s originalism, as you seem to think
Thomas is an originalist only if one thinks that the US Constitution is intended to codify natural law. Many originalists across the political spectrum don’t. Further, I’m much more of a textualist, and textualism and natural law get together like oil and water.
But Thomas could easily be one of the 80k that the normal distribution implies, or be a bit below, maybe 97th or 98th percentile or something, which increases the numbers of candidates substantially (more than 3x) while still being plausible. (When I look at thresholds on IQ and characteristics broken down by deciles, I get the impression that for anything which is a fraction of a standard deviation, it is more a difference of quantity than quality; someone 1⁄3 or 2⁄3 SDs lower can do just about anything the other person can do, but with more time and effort, perhaps, while at 1 SD it starts to seem like there are things the lower person just won’t get with any reasonable amount of time/effort. So a lot of 130 is just plain out of reach for 100, but not for 120.)
This is the heart of the issue. I think an 85 IQ would have difficulty consistently simulating a 100 IQ in professional life. But the evidence on this is too sparse for me to persuasively present in this forum. So I’m trying to highlight how we see too many black swans. Which itself is complicated by the difficulty in distinguishing between 120 &130.
Yes. Check out Scotusblog if you want to look at other terms.
Oral argument is performance, not persuasion. The evidence of influence is citation of majority decisions in future terms and future courts. In other words, the rest of that paragraph would be just as true without reference to questions at oral argument. Please stop repeating the stupid talking point.
Thomas is an originalist only if one thinks that the US Constitution is intended to codify natural law. Many originalists across the political spectrum don’t. Further, I’m much more of a textualist, and textualism and natural law get together like oil and water.
This is the heart of the issue. I think an 85 IQ would have difficulty consistently simulating a 100 IQ in professional life. But the evidence on this is too sparse for me to persuasively present in this forum. So I’m trying to highlight how we see too many black swans. Which itself is complicated by the difficulty in distinguishing between 120 &130.