He knows the Constitution like the back of his hand. So when a decision is made that seems injurious to the nationās founding document, he responds like a parent trying to protect a child.
Thomas took other justices to task on Tuesday after a majority of the court refused to hear a lawsuit brought by Florida against Washington and California:
Justice Clarence Thomas accused California and Washington of undermining federal immigration and trucking safety standards after a deadly Florida highway crash, blasting the Supreme Court on Tuesday for refusing to hear a case Florida had ānowhere else to bring. ā
Florida alleged the two blue states improperly issued commercial driverās licenses to illegal immigrants in violation of federal standards requiring English proficiency and lawful immigration status for certain commercial drivers, arguing the policies created a public safety threat on American roads
Thomas, joined by Justice Samuel Alito, said the Supreme Court had a constitutional obligation to hear the dispute because lawsuits between states can only be brought before the high court.
āIf this Court does not exercise jurisdiction over a controversy between two States, then the complaining State has no judicial forum in which to seek relief,ā Thomas wrote.
Thereās only one court in the country that can hear lawsuits between states, and thatās the Supreme Court
More:
Thomas argued that Floridaās allegations against Washington and California were serious because failing to follow federal commercial licensing laws can create dangerous road conditions and, he said, has contributed to deadly crashes.
Thomas pointed to the fatal Florida highway crash involving truck driver Harjinder Singh, who he said ācould not read the road signs,ā and argued Florida deserved a chance to pursue its claims
People in the country illegally who canāt read road signs in English canāt be allowed to drive 80,000-pound tractor-trailers on American highways, he said.
āFederal law and regulations prohibit States from providing commercial driverās licenses to applicants unless they pass a driverās test, sufficiently understand the English language, and show appropriate immigration status,ā Thomas noted.
Thomas wrote that while the court may exercise discretion when deciding whether to hear ordinary appeals, disputes between states stand on different constitutional footing
āWe have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given,ā Thomas wrote.
Heās right, of course. Florida now has no other recourse to pursue legal claims for the deaths of three of its residents. So not only were those deaths in vain, the two blue states who issued the Indian trucker a license get off scot-free.
Itās an outrageous development; Thomas and Alito are right to be upset about it
More than that, we have seven justices who think itās okay to ignore a basic function of the high court: Settling disputes between states.
