Category: Law

2019 In Writing

I did a lot of writing this year. This is a brief list of some of my favorites. My book, The Enigma of Clarence Thomas, came out. It got some pretty great reviews. You should buy it. I began writing for The New Yorker Online, which has been a joy. My first piece was on political converts, men and women who make the journey from one ideology to another, and why the move from left to right has mattered more, over the course of the last century, than the move from right to left. My second piece was on Eric Hobsbawm, a Communist and a historian, and how his failure at the first made possible his success at the second. […]

On C-SPAN tomorrow, a conversation between me and Jamelle Bouie on Clarence Thomas

If you missed my conversation with Jamelle Bouie at the New York Public Library about The Enigma of Clarence Thomas, not to worry: it will be aired tomorrow night, Saturday, October 12, at 9 pm (East Coast time) on C-SPAN. Also, if you want to see a conversation in person, I’ll be talking with Rebecca Traister about the book at the Community Bookstore in Brooklyn, on Thursday, October 24, at 7 pm. Really looking forward to that event. Doug Henwood interviewed me about the book on his show Behind the News. We talked about how Thomas’s views echo some of the arguments set out by Max Horkheimer in his famous 1936 essay “Authority and the Family,” and why it’s the […]

The Enigma of Clarence Thomas on sale today!

  The Enigma of Clarence Thomas goes on sale today, with the help of a rave review in this morning’s New York Times. In the Times, Jennifer Szalai writes: It’s a provocative thesis, but one of the marvels of Robin’s razor-sharp book is how carefully he marshals his evidence. He doesn’t have to resort to elaborate speculation or armchair psychologizing, relying instead on Thomas’s speeches, interviews and Supreme Court opinions. Just as jurists make ample use of the written record, Robin does the same. … The result is rigorous yet readable, frequently startling yet eminently persuasive. … It isn’t every day that reading about ideas can be both so gratifying and unsettling, and Robin’s incisive and superbly argued book has […]

Book Launch with Jamelle Bouie at the New York Public Library

I’m thrilled to announce the launch of my book, The Enigma of Clarence Thomas, at the New York Public Library. I’ll be in conversation with New York Times columnist Jamelle Bouie. The launch will be on Monday, September 23, at 7 pm. It’ll be in the Berger Forum, on the second floor of the main branch of the library, at 42nd Street and 5th Avenue. Tickets are free, but they’re on a first come, first serve basis, so reserve them now. You can do so here. Hope to see all of you who can make it!

When you hear a familiar voice at the other end of the line…

About six weeks ago I got a call from a number in DC I didn’t recognize. I answered the phone warily, saying hello more as a question than a greeting. At the other end, I heard, “Professor Robin?” “Who’s this?” I asked. “It’s Nina Totenberg from NPR.” I started cracking up, almost uncontrollably, and finally said, hi, hi, of course, Nina Totenberg. She noted that I sounded “furtive.” I noted that I didn’t recognize the number. Anyway, we wound up having a lovely chat about Clarence Thomas. Totenberg is as warm and friendly and personable on the phone as she is on air. On Friday, a small bit of our conversation made it into the segment she did on Thomas in […]

How on God’s green earth did Clarence Thomas just write an opinion on race and jury trials that was well to the right (or was it?) of Brett Kavanaugh, John Roberts, Samuel Alito, and even Neil Gorsuch?

In a 7-2 vote, the Supreme Court today overturned the conviction of Curtis Flowers for murder; he had been on death row in Mississippi for 22 years. The Court held, in Flowers v. Mississippi, that the trial court had wrongly concluded that the prosecution’s decision to strike a potential juror, who is black, was not motivated by racial discrimination. Flowers, who is also black, has been tried six times for the same murder by the same prosecutor. There is a long record of the prosecutor striking potential jurors who are black. What’s interesting about the Court’s opinion is the line-up. Conservative Justice Brett Kavanaugh wrote the majority decision; he was joined by Chief Justice John Roberts and Justice Samuel Alito, both […]

What Thomas’s opinion about abortion today tells us about his jurisprudence as a whole

I’ve been getting a lot of queries about Clarence Thomas’s concurring opinion in Box v. Planned Parenthood of Indiana and Kentucky. Briefly, Thomas spends all but a few paragraphs of his twenty-page opinion outlining what he sees as the eugenicist dimensions of abortion and birth control. This, as many have noted, is a new turn in Thomas’s abortion jurisprudence. Thomas essentially argues here that abortion is the way that women select and de-select the kinds of children they’re going to have. What’s more, while much of the discussion on the right in this regard focuses on how considerations of the sex of the fetus or the presence of Down syndrome may influence the decision to have an abortion, Thomas focuses overwhelmingly […]

A State of Emergency or a State of Courts?

The Washington Post reports this morning, “If President Trump declares a national emergency to construct a wall on the southern border, only one thing is certain: There will be lawsuits. Lots of them. From California to Congress, the litigants will multiply.” One of several elements of our time that I don’t think proponents of the authoritarianism or fascism thesis truly confront is just how much of Trump’s rule is mediated and ultimately decided upon by the courts. Whenever Trump does something, everyone automatically assumes (and rightly so) that whether he can do it or not will be settled not by his violence or the alt-right’s strongman tactics or white supremacist masses in the streets but by an independent judiciary. Now […]

The Future of the Supreme Court in the Liberal Imagination

Imagine you’re a law student today—remembering how Gorsuch was appointed for a seat that should have gone to Merrick Garland; thinking about how Kavanaugh was appointed despite the obvious truth of Christine Blasey Ford’s claims about his attempted assault on her; and anticipating the very real possibility that Trump may get yet a third appointment to replace Ginsburg. The Supreme Court of your future will consist of a six-person right-wing majority. Two justices of that majority will forever have the stench of credible charges of sexual assault or sexual harassment hanging over them. Four justices of that majority will forever be the appointees of presidents who didn’t win the popular vote (or five justices if you throw in Alito, who […]