Ann Althouse makes an interesting observation today about a New Yorker article by Jeffrey Toobin. Toobin writes about Supreme Court Justice Clarence Thomas under the headline, “Clarence Thomas's Twenty-Five Years Without Footprints.” How easy it is for liberals to deny the existence of a black man! Toobin presumes to know that the two Chief Justices under whom Thomas has served did not “trust” Thomas to write the majority opinion in any significant cases. Althouse writes,
How does Toobin know enough to speak about “trust”? Perhaps he's merely relying on Thomas predilection for strong originalist principle:
Originalism and adherence to text is a bad thing in Toobin's view, but to describe it is to destroy the assertion in the headline. These are very distinct footprints.
Read more here.