That would be reasonable to note if he wrote many majority opinions, played a large role in changing the others’ opinions (of course, then he’d look less ‘extreme’ if he was contributing behind the scenes, wouldn’t he?), or in any way was not a ghost who could be replaced by his clerks with no one the wiser.
You are repeating a Democratic Party talking point as fact. A particularly stupid talking point. One of the reasons I used Thomas as an example is to try to push against this stupid assertion by those who are otherwise my political allies.
In point of fact, Thomas writes about 1⁄9 of the Supreme Court opinions and deals with about 1⁄9 of the other legal work (motions, etc), as would be expected of a body with nine members. I can’t speak to behind-the-scenes influence. As a lawyer, I don’t think any of the current Justices has historically notable intellectual influence except Scalia (Rehnquist also was unusually influential, by he is no longer on the court).
Speaking of which, neither Rehnquist nor Scalia are outside the mainstream of American legal thought. Their legal theories are notably on the conservative side, but well within the current Overton window of legal thought. To say Rehnquist and Scalia are as extreme as Thomas is another Democratic Party talking point.
I can only point to my professional work as an attorney for special education students to give you a sense of my experience with what an 80 IQ student is like.
That’s not an answer to any of my other questions. Why do you think your limited, bubble-filled experience is good evidence for overriding a century of carefully constructed tests drawing on millions of nationally representative people and exhaustively vetted for bias as documented in books like Jensen’s Bias in Mental Testing?
(Even if we granted your special ed beliefs accurate status, although I don’t know about that either—I too was a special ed kid, but any lawyer who spent some time with me as my family fought the school district would not have had a representative impression of special ed kids, both because I was unrepresentative (and that’s why I was mainstreamed), and because the long cumulative day to day interactions are different from occasional interactions. My mom still works with special ed kids and mentioned that one of her teachers had her nose broken by one of her kids who was handleable right up until he broke her nose; one of my best friends was also in special ed, and he could be a pretty decent guy for weeks or months at a time until his anger problems finally exploded at you—we drifted apart so I’m not sure what happened to him but last I heard he was in prison, which did not surprise me in the least bit. Life is as much about the lowest points as the average points.)
I see a wide range of students in my practice with many different profiles. It would be a mistake to conclude that a student with your profile was representative of all special education students. Given the broad scope of special education coverage, no special education student is truly “typical” of special education in general. At best, one student might be typical of a sub-population of a particular eligibility category, but likely not.
My experience with special education is presented to justify my conclusion that a student with an IQ of 80 is incapable of producing the kind of work Thomas routinely produces. I’m skeptical whether many 100 IQ students could create a career path like Thomas’ path. That’s relevant to the argument because the number of “black swan” high IQ people we observe should be related to the mean IQ of the population.
Separately, I’m well aware that an 80 IQ student is not typical of a special education student. In point of law, an 80 IQ by itself is not likely to lead a student to be formally included in special education. At a minimum, student must be within a particular category of need, such as autism spectrum or emotional dysfunction, to be entitled to legal classification as a special education student.
So, the 14th Amendment protects “privileges or immunities.” There’s some of historical evidence of what those might include. But in the Slaughterhouse cases, the Supreme Court drained the phrase of any legal significance. There are many legal scholars across the political spectrum who think the Slaughterhouse cases are inconsistent with original public meaning.
Those scholars who think Obergefell, Roe, and such are consistent with original public meaning tend to say that “substantive” due process should be understood as code for “privileges or immunities.”