Though six other Justices joined in overturning Staples' conviction, it was Justice Thomas who wrote the majority opinion, and he makes it clear that anything not explicitly allowed or made illegal by the law -- either in the Government's actions or in the actions of individual citizens -- is left to individual (or local, it is implied) discretion (Oyez 2009).
How Do You Get to the Supreme Court? Restraint, Restraint, Restraint
In keeping with his generally conservative politics, Justice Thomas is also an advocate of judicial restraint. The Staples case demonstrates this quite clearly, as do other of his published rulings. In Archer et ux v. Warner (2002), Justice Thomas dissented form the majority opinion, which used what was considered the intent of a bankruptcy exemption for fraud to overturn the decisions of lower courts and demand that the Warners pay the Archers a previously agreed-upon settlement (Oyez 2009). In his dissent, Justice Thomas makes it very clear that he believes the law needs to speak explicitly for itself, and the he considered the majority opinion of the Court as a form of activism, whereby laws were extended and amplified but the decision, rather than rigidly upheld (Oyez 2009).
Strict Construction
This view is also quite evident when it comes to Justice Thomas' interpretation of the Constitution, as is the Supreme Court's primary duty in the schema of the judicial system. Again, his dissenting opinion in a particular case, Jones v. Flowers (2005), makes this quite clear. Having repeatedly mailed property tax bills and notices to a home that Jones owned but no longer occupied, his home was eventually sold to the state of Arkansas (in the person of Flowers). The Court ruled that the state had not fulfilled its duties under the Fourteenth Amendment, but that it should have made extra effort in this regard. Again, Justice Thomas felt that any body of law, especially the Constitution, should be read as narrowly and explicitly as possible, and that Arkansas had therefore met its responsibilities (Oyez 2009).
Influence of Justice Thomas' Opinions
Because of his extremely conservative and strict constructionist views regarding judicial action and interpretation, it is difficult to single out any of Justice Thomas' opinions as singularly important....
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