Why Clarence Thomas Joined Liberals to Shoot Down the Confederate Flag

The conservative black justice joined liberals in upholding Texas’ ban on Confederate flag license plates

Supreme Court Justice Clarence Thomas

Photographer: Dennis Brack/Dennis Brack/Bloomberg News
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As we wait breathlessly for the Supreme Court’s rulings in the marquee Obamacare and gay-marriage cases, let’s pause to note a fascinating illustration of how ideology doesn’t always divide the nine jurisprudes-in-chief along predictable lines.

The high court’s four liberal justices declared that Texas acted legally when it refused to issue a license plate decorated by the Confederate flag. Clarence Thomas, the court’s only black member and arguably its most conservative, joined the liberal wing in backing a majority opinion written by Stephen Breyer. The other four members of the court’s conservative faction backed a strongly worded dissent written by Samuel Alito.