In yesterday's ruling in Harris v Cooper, the Supreme Court ruled against North Carolina's blatant gerrymandering. The surprising bit is that Justice Clarence Thomas voted in the majority on both issues. New Republic's Scott Lemieux postulates reasons why:
In a 2015 case, Thomas provided the fifth vote to an opinion holding that Texas was not required to issue license plates with the Confederate flag as part of its option of personalized license plates. It is not terribly surprising that even a conservative African-American who grew up impoverished in the rural Jim Crow South would have a different perspective on the Confederacy and its legacy than the typical conservative.
Thomas’s votes yesterday were squarely within that tradition. His brief concurring opinion emphasized that the result comported with two of his longstanding views. First, he believes that any use of race by the government, for any purpose, triggers strict scrutiny, a high burden North Carolina could not meet. Since the state conceded that District 1 was intentionally created as a majority-minority district, this made the case easy for Thomas as well as the other conservatives.
He also explained that he joined the liberal faction with respect to District 12 in part because of his belief in deferring to the findings of the trial court unless it clearly errs.
This isn't an evolution, but who Thomas really is, Lemieux says. Maybe Antonin Scalia so overshadowed Thomas that we really didn't see it? I'll need more convincing.