Clarence Thomas and Ruth Bader Ginsburg: A Comparative Overview of Their Supreme Court Decisions

Supreme Court justices do not compete against each other in a singular arena of opinion-writing. Each has contributed significantly to the development of American jurisprudence, albeit often from different ideological perspectives. This article examines the number of cases in which Clarence Thomas and Ruth Bader Ginsburg have authored opinions, along with insights into their approaches and notable decisions.

Clarence Thomas: 700 Authored Opinions Since 1991

Appointed as an Associate Justice of the Supreme Court in 1991 by President George H. W. Bush, Clarence Thomas has authored over 700 opinions. His writings often reflect an originalist approach to constitutional interpretation, although he is known for both concurring and dissenting opinions. These cases cover a wide range of topics, from constitutional interpretation to legal debates on the scope of federal power.

Ruth Bader Ginsburg: 600 Authored Opinions from 1993 to 2020

From 1993 until her passing in 2020, Ruth Bader Ginsburg served as an Associate Justice of the Supreme Court. During her tenure, she authored opinions in approximately 600 cases. Ginsburg was particularly renowned for her work on gender equality and civil rights. Her opinions on these topics have had a profound impact on American legal and social discourse.

Notable Cases and Approaches

While it is tempting to view Supreme Court justices as competitors, it is more accurate to see them as colleagues who occasionally align with or oppose each other, depending on the case. According to the Supreme Court's procedures, cases are selected each term for a total of around 80 cases, out of which only a fraction attract media attention due to their ideological charged nature. Many of the cases they handle are not as exciting as the ones that generate headlines.

Common Ground: Majority Opinions and Unanimous Decisions

It is important to highlight that Thomas and Ginsburg did not always find themselves on opposite sides of the cases. For instance, Pegram v. Herdrich (1997), a case involving the Employee Retirement Income Security Act of 1974, was a

Unanimous Decision Decided on technical aspects of retirement income security

While this case may not be as widely publicized as the ones involving hot-button issues, it demonstrates that even seemingly mundane legal matters can require careful consideration by the Supreme Court.

Differences in Approaches

Thomas and Ginsburg's opinions often reflect different approaches to legal interpretation and application. Thomas tends to favor a more literal reading of the Constitution and statutory language, while Ginsburg advocates for a broader application of principles of equality and fairness. These differences are evident in their different viewpoints on issues ranging from abortion rights to affirmative action.

Clarence Thomas's Opinions: Abortion Rights: Thomas has generally supported the National Federation of Independent Business v. Sebelius decision that upheld the Affordable Care Act's individual mandate. Affirmative Action: He has expressed concerns over affirmative action programs, as seen in Fisher v. University of Texas at Austin ('12), where he supported the rejection of the university's admission policy.

Ruth Bader Ginsburg's Opinions: Gender Equality: Ginsburg authored opinions that championed women's rights, such as in

United States v. Virginia (1996), where the Court ruled that Virginia Military Institute's male-only policies were unconstitutional. Civil Rights: Ginsburg's opinions have included landmark rulings such as Gonzalez v. Raich (2005), which upheld the federal Controlled Substances Act over state laws.

Famous and Controversial Cases

Some of the most famous and controversial cases during their tenure include:

Stenberg v. Carhart (2000)

This case dealt with the constitutionality of Nebraska's partial-birth abortion ban. Ginsburg authored the majority opinion, which struck down the statute on the grounds that it was unduly restrictive of women's rights. This decision reflects Ginsburg’s strong support for abortion rights.

NFL v. National Labor Relations Board (2016)

In this case, Ginsburg once again stood on the majority side, affirming that a NFL player had the right to unionize, balancing labor rights and free speech concerns. Thomas, on the other hand, authored the dissenting opinion, arguing that the NFL's anti-union policy was not a violation of labor law.

Conclusion

Clarence Thomas and Ruth Bader Ginsburg's contributions to the Supreme Court are significant, but it is a misnomer to imply that they always competed against each other. While they did not always agree on every matter, their collective impact on American law and society is undeniable. Thomas’s contributions through an originalist lens and Ginsburg’s through a lens of social justice have shaped modern legal discourse, and their decisions continue to be studied and debated.