The Yale Law Journal

William S. Consovoy

Forum

“To Help, Not To Hurt”: Justice Thomas’s Equality Canon

William S. Consovoy & Nicole Stelle Garnett

In his twenty-five years on the Supreme Court, Justice Clarence Thomas has earned the (sometimes grudging) respect of legal scholars and commentators, including many who disagree with him, for his careful, principled, analytic approach to many areas of law. Race is not among them. Justice Thomas’s o…