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Thomas Increasing in Stature as Justice

By: Murray, Frank J. | The Washington Times (Washington, DC), July 27, 1997 | Article details

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Thomas Increasing in Stature as Justice


Murray, Frank J., The Washington Times (Washington, DC)


****AS HE ASSUMES A BIGGER ROLE IN WRITING OPINIONS, THE BUSH APPOINTEE WINS SUPPORT.****

Six terms into his Supreme Court career, Clarence Thomas is starting to exercise some supreme power. His toughest opinions now "hold five": They're precise enough to attract a majority, but not so pointed they drive off potential allies.

Chief Justice William H. Rehnquist's assignment of Justice Thomas to several lightning-rod cases in the 1996-97 term, particularly a landmark decision on whether states may incarcerate sexual predators after their sentences have been served, demonstrates a confidence not seen in prior terms and marks the end of an unofficial apprenticeship.

The need to "hold five," in justice jargon, is absolute when writing opinions that illuminate the frontiers of jurisprudence. Justices walk a razor's edge to avoid driving off a swing vote with superheated rhetoric or even too much clarity.

At age 49, Justice Thomas has yet to overcome skepticism fueled by a rival for the bench and by opponents in the civil rights arena. He never coveted a Supreme Court seat, but he is determined to make his tenure worth the fight waged over his nomination.

While his stature rises among colleagues and lawyers, including some he …

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