Newsweek: Clarence Thomas' Own Ruling Used Against Him in High-Stakes Election Case
During the oral arguments, Neal Katyal, an attorney for the Common Cause organization, brought up past remarks that the Supreme Court made in the Bush v. Palm Beach County Canvassing Board case.
"And Justice Thomas, it's the same point picking up on Justice Kavanaugh's questioning. Palm Beach, the court said that sovereignty was at its apex when talking about state constitutions and interpretations by state courts," Katyal said. "This Court never second-guessed state interpretations of their own constitutions."
In Katyal's remarks, he specifically mentioned page 78 of the Bush v. Palm Beach County Canvassing Board ruling, where the Court said, "It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions."