Using the Master’s “Tool” to Dismantle his House: Why Justice Clarence Thomas Makes the Case for Affirmative Action

Justice Clarence Thomas is known for his strong opposition to affirmative action. This Article analyzes Justice Thomas’s appointment to the Supreme Court and contends that his nomination to and performance on the Court ironically make the case for forward-looking affirmative action. Specifically, this Article examines various pro-affirmative action arguments and utilizes them to explain how Justice Thomas himself actually lends support to a continuation of forward-looking affirmative action.