| | Justice Thomas is a leader on the Court in urging limits or elimination on incorporating the [[Establishment Clause]] against the States, because that clause was ratified as a federalist provision for protecting States against the new federal government.<ref>''See, e.g.'', ''[[Elk Grove Unified School District v. Newdow]]'', 542 U.S. 1, 45-46 (2004) (Thomas, J., concurring) (“[T]he Establishment Clause is a federalism provision, which, for this reason, resists incorporation.”); ''Zelman v. Simmons-Harris'', 536 U.S. 639, 677-680, and n. 3 (Thomas, J., concurring).</ref> He is also highly respected by legal scholars for adhering to an interpretation of the [[U.S. Constitution]] based on its original text, meaning and understanding, which has included limiting federal powers. His judicial doctrine finds no basis in the Constitution for [[abortion]], ''[[Roe v. Wade]]'', [[homosexual]] "rights," federal interference with state sovereignty, the [[Dormant Commerce Clause]] and constitutional limits on punitive damages. Compared to the rest of the court, Thomas strongly defends [[Second Amendment]] rights and has criticized the court for not doing more to protect it.<ref>Byas, Steve (February 21, 2018). [https://www.thenewamerican.com/usnews/constitution/item/28347-justice-thomas-supreme-court-does-not-give-second-amendment-due-respect Justice Thomas: Supreme Court Does Not Give Second Amendment Due Respect]. ''The New American''. Retrieved February 21, 2018.</ref> Thomas has advocated for discarding faulty precedents when they clearly conflict with the text of the Constitution rather than irrationally clinging to such precedents.<ref>Clabough, Raven (June 18, 2019). [https://www.thenewamerican.com/usnews/constitution/item/32629-justice-clarence-thomas-opinion-decries-erroneous-precedent-hints-at-overturn-of-roe-v-wade Justice Thomas Opinion Decries “Erroneous Precedent,” Hints at Overturn of Roe v. Wade]. ''The New American''. Retrieved June 18, 2019.</ref><ref>Freiburger, Calvin (June 18, 2019). [https://www.lifesitenews.com/news/thomas-calls-supreme-court-to-undo-demonstrably-erroneous-precedent-possibly-upending-roe Clarence Thomas says Supreme Court shouldn’t follow ‘erroneous precedent,’ possibly upending Roe]. ''LifeSiteNews''. Retrieved June 18, 2019.</ref><ref>Stempel, Jonathan (June 17, 2019). [https://www.reuters.com/article/us-usa-court-thomas/justice-thomas-urges-us-supreme-court-to-feel-free-to-reverse-precedents-idUSKCN1TI2KJ Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents]. ''Reuters''. Retrieved June 29, 2019.</ref> | | Justice Thomas is a leader on the Court in urging limits or elimination on incorporating the [[Establishment Clause]] against the States, because that clause was ratified as a federalist provision for protecting States against the new federal government.<ref>''See, e.g.'', ''[[Elk Grove Unified School District v. Newdow]]'', 542 U.S. 1, 45-46 (2004) (Thomas, J., concurring) (“[T]he Establishment Clause is a federalism provision, which, for this reason, resists incorporation.”); ''Zelman v. Simmons-Harris'', 536 U.S. 639, 677-680, and n. 3 (Thomas, J., concurring).</ref> He is also highly respected by legal scholars for adhering to an interpretation of the [[U.S. Constitution]] based on its original text, meaning and understanding, which has included limiting federal powers. His judicial doctrine finds no basis in the Constitution for [[abortion]], ''[[Roe v. Wade]]'', [[homosexual]] "rights," federal interference with state sovereignty, the [[Dormant Commerce Clause]] and constitutional limits on punitive damages. Compared to the rest of the court, Thomas strongly defends [[Second Amendment]] rights and has criticized the court for not doing more to protect it.<ref>Byas, Steve (February 21, 2018). [https://www.thenewamerican.com/usnews/constitution/item/28347-justice-thomas-supreme-court-does-not-give-second-amendment-due-respect Justice Thomas: Supreme Court Does Not Give Second Amendment Due Respect]. ''The New American''. Retrieved February 21, 2018.</ref> Thomas has advocated for discarding faulty precedents when they clearly conflict with the text of the Constitution rather than irrationally clinging to such precedents.<ref>Clabough, Raven (June 18, 2019). [https://www.thenewamerican.com/usnews/constitution/item/32629-justice-clarence-thomas-opinion-decries-erroneous-precedent-hints-at-overturn-of-roe-v-wade Justice Thomas Opinion Decries “Erroneous Precedent,” Hints at Overturn of Roe v. Wade]. ''The New American''. Retrieved June 18, 2019.</ref><ref>Freiburger, Calvin (June 18, 2019). [https://www.lifesitenews.com/news/thomas-calls-supreme-court-to-undo-demonstrably-erroneous-precedent-possibly-upending-roe Clarence Thomas says Supreme Court shouldn’t follow ‘erroneous precedent,’ possibly upending Roe]. ''LifeSiteNews''. Retrieved June 18, 2019.</ref><ref>Stempel, Jonathan (June 17, 2019). [https://www.reuters.com/article/us-usa-court-thomas/justice-thomas-urges-us-supreme-court-to-feel-free-to-reverse-precedents-idUSKCN1TI2KJ Justice Thomas urges U.S. Supreme Court to feel free to reverse precedents]. ''Reuters''. Retrieved June 29, 2019.</ref> |