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Thursday, March 12, 2009

Clarence Thomas, Ultimate Non-Partisan

Once again, Supreme Court justice Clarence Thomas shows that his consistent judicial philosophy is more important to him than ideology. In a 5-4 decision last week against drug company Wyeth, Thomas was the swing vote that allowed citizens the right to sue drug makers, despite the fact that it is FDA regulators who approve or disapprove drugs.

While the ruling is going to increase litigation and court costs for drug makers, which will then be passed on to consumers (thus further increasing health care costs), Thomas stuck to his federalist principles, saying that states can regulate consumer protection laws themselves.

Once again, it's a "conservative" justice who swings to the side of a popular liberal issue (tort) to defend his judicial philosophy rather than his personal views. When does a liberal justice ever go against the liberal policy line?