Clarence Thomas

U.S. Court of Appeals for the District of Columbia Circuit circuit Retired 1991 · served 1990–1991 Appointed by George H. W. Bush (Republican) 16 signed orders read

Judge Thomas no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Thomas decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He reviewed an agency’s choice and discussion of environmental alternatives under a reasonableness standard.

“We uphold an agency's definition of objectives so long as the objectives that the agency chooses are reasonable, and we uphold its discussion of alternatives so long as the alternatives are reasonable and the agency discusses them in reasonable detail.”

He recognized the ordinary requirement that an agency supply the reasoning on which its rule is sustained.

“Ordinarily, of course, we may uphold an agency rule only on the basis of reasoning given by the agency itself, because any agency action without reasoned explanation would be arbitrary and capricious within the meaning of 5 U.S.C. § 706(2)(A).”

Cautions

He required concrete irreparable injury before granting preliminary relief, even where constitutional rights were asserted.

“The appellants have not demonstrated that they will suffer irreparable injury absent preliminary relief.”

He distinguished a general promise to acknowledge cooperation from a specific sentencing commitment.

“A general promise to reward cooperation by “putting in a good word,” however, is a far cry from a specific promise to file a motion to depart from the sentencing guidelines.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

National Treasury Employees Union v. United States
· 1991-03-15
Appeal (National Treasury Employees Union, American Federation of Government Employees, and participating federal employees) Denied

“Affirmed.”

A/S Ivarans Rederi v. United States
· 1991-07-16
Petition for review (A/S Ivarans Rederi) Denied

“Denied.”

Western Maryland Railway Co. v. Harbor Insurance Co.
· 1990-08-03
Appeal (Western Maryland Railway Company and the consolidated railroad plaintiffs) Granted

“We reverse the decisions of the district court and remand these actions for proceedings consistent with this opinion.”

International Union, United Mine Workers of America v. Federal Mine Safety & Health Administration
· 1991-04-26
Petition for review (International Union, United Mine Workers of America) Denied

“Denied.”

United States v. Whoie
· 1991-02-08
Appeal (Donald Whoie) Denied

“Affirmed.”

Buongiorno v. Sullivan
· 1990-08-24
Appeal (Louis W. Sullivan and the United States) Granted

“We reverse the decision of the district court and remand this case for further proceedings consistent with this opinion.”

United States v. Shabazz
· 1991-05-28
Appeal (Amin Shabazz and Richard McNeil) Denied

“Affirmed.”

United States v. Rogers
· 1990-11-09
Appeal (John Fitzgerald Rogers) Denied

“Affirmed.”

United States v. Harrison
· 1991-06-13
Appeal (Keith Harrison, Eric M. Black, and Felando F. Butler) Denied

“Affirmed.”

Otis Elevator Co. v. Secretary of Labor
· 1990-12-18
Petition for review (Otis Elevator Company) Denied

“Affirmed.”

United States v. Long
· 1990-06-22
Appeal (Sonia E. Mayfield) Moot / procedural

“For the foregoing reasons, we remand Sonia Mayfield’s case to the district court to determine whether her tardiness in filing a notice of appeal resulted from excusable neglect and, if so, whether to accept her notice of appeal, which was filed within the thirty-day discretionary period. We reverse Keith Long’s conviction for using or carrying a firearm during and in relation to a drug trafficking crime, 18 U.S.C. § 924(c)(1), but affirm his conviction for possessing in excess of five grams of cocaine base with intent to distribute, 21 U.S.C. §§ 841(a), 841(b)(l)(B)(iii).”

Appeal (Keith D. Long) Granted in part
United States v. Poston
· 1990-05-04
Appeal (W.J. Poston) Denied

“Affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Thomas no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.