Supreme Court: Clarence Thomas' theory of race is now the law. It's already a disaster.
slate.com
A 6–3 shadow docket ruling just quietly enshrined Clarence Thomas's contested theory of racial discrimination into law — and Slate argues the fallout is already unfolding.
Colorblindness ConstitutionalismAnti-Subordination TheoryShadow DocketJudicial Minimalism
Theory Briefing
- A June 2 unsigned Supreme Court decision adopted Clarence Thomas's theory of race, reshaping anti-discrimination law in one shadow docket move.
- The 6–3 ruling bypassed full briefing and argument, illustrating how shadow docket procedures can entrench sweeping legal theories without public scrutiny.
- Slate calls the early results a 'disaster,' framing the decision as a real-world test of colorblindness theory versus anti-subordination principles.