Conservative Supreme Court justices Clarence Thomas is pushing the Trump agenda

Donald Trump may be out of office–for now–but conservative justices on the U.S. Supreme Court are still showing interest in taking on some issues that were near and dear to his heart when he was president.

In an opinion this week, Clarence Thomas said Twitter might need to be more highly regulated and said he thought the court would soon be tasked with addressing Big Tech’s “highly concentrated control” of speech.

Thomas and conservative colleagues Samuel Alito and Neil Gorsuch also said they hoped they would get to rule on whether state officials and courts have the power to change election laws and rules without legislative approval or backing, as happened frequently in the 2020 presidential election.

The court is currently 6-3 conservative, and comments like these seem to be an open call for cases that would address those issues.

Justices calling for lawsuits?

“Justices have long used public statements or published opinions to invite litigation or legislative reform,” constitutional law professor at Boston University Robert Tsai said. “It reminds us that they are part of the political community and that the modern Supreme Court is not simply a neutral institution but one that participates in determining the nation’s values.”

None of the justices said they would rule in any particular way on the issues mentioned.

Trump advocated for a repeal or modification of Section 230 liability protections for Big Tech before the election, and a post-election poll showed that social media suppression of stories favorable to Trump and detrimental to President Joe Biden did impact voting in ways that would have changed the result.

Similarly, election law changes by state courts and officials benefitted Biden in the vote counts, but the extent of the impact on swing state election results was not immediately clear.

Playing catch-up

Ruling on some of these issues before the election could have impacted the results and led to a completely different political ball game right now, but that did not happen.

To be clear, Thomas, Alito and Gorsuch wanted to rule on the election issue when it came before them just before the election, but they did not have enough justices in agreement to do so.

Law professor at the University of California Irvine Rick Hasen said having three or more justices believe in a “strong version” of the independent state legislature doctrine should embolden would-be litigants to argue for it in future lawsuits.

“Sooner or later, the Supreme Court is going to have to weigh in on the issue,” he said. “I only hope it is in a case that is not of national prominence, like a presidential election.”

And there’s the problem, even with the Supreme Court–too little courage of one’s convictions in the very vital situations where it counts most.

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6 Responses

  1. If they have no say, other than going along with liberals.. what do we need them for? Those 2 ingrates.. Kavenaugh and Barett or whatever her name is, are traitorous backstabbers. Shame on them!! The Supreme Court should have the final say ( and a very impartial one)! and so far they haven’t done a damn thing to help the conservative cause. Get out!!

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  3. Thank you Justice Thomas, good to see someone at SCOTUS has some good old COMMON SENSE and we don’t understand why everyone JUSTICE on the Court does not feel the need to pull back on the reins of POWER these Vile, Evil, so-called SOCIAL MEDIA outlets, for they have absolutely too much POWER, so say we the MAJORITY of the LEGAL CITIZENS OF THE UNITED STATES OF AMERICA!

  4. If the supreme court takes no action on the big tech companies, they are handing over the fate of the United States of America to the liberals and allowing the First Amendment to be silenced, basically turning us from a democracy to a dictatorship. Heil Biden!

  5. My trust in the Supreme Court is about nill after how they refused to do their job concerning voter fraud. The Constitution is very exacting about electio ns being the will of the people and opposing frau d. Many probably were threaten ed or intimid ated to back off else even some of the so called conservati ves are RIN O’s joining their social ist Dem comrades.

    They say hind sight is better than foresight but this refusal to do their job is a breech of the Constitu tional law they are there to protect, their job, and if done purpos efully they should be in j ail and if out of fe ar and intim idation the ones who con trol them should be in jai l or under the jai l.

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