The Justice from Monsanto: The Environmental Life and Law of Clarence Thomas

Abstract

Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few scholars or Supreme Court-watchers would think of Thomas as a specialist in the law of the environment, but for many years that was precisely his area of expertise. Indeed, his only private sector experience was almost three years working as a lawyer for Monsanto, an immense and powerful agrochemical corporation. This stint was followed by two years advising Senator John C. Danforth on environmental issues. According to two of Thomas’s biographers, when members of the newly elected Reagan administration sought to hire Thomas away from Danforth, their first offer was to be an advisor to the White House on environmental policy, as that was thought to be Thomas’s specialty.

This Article is the first to document or analyze Thomas’s environmental experience and ideology in any depth. Drawing deeply on never-before-cited archival material, it argues that Thomas’s environmental work was key to the development of his conservative political and judicial philosophy. As a young man, Thomas was a reflexive liberal; he grew more conservative precisely because of his experiences at Monsanto — a pioneer in anti-environmental lobbying and litigation — and then as a Senate aide — where he relentlessly lobbied his boss on behalf of corporate interests, including Monsanto. Archival material reflects a clear through-line, connecting Monsanto’s fierce opposition to government scrutiny to Thomas’s legislative work and subsequent judging. As a Justice, Thomas has displayed a profound faith in the expertise and importance of untrammeled private enterprise and a deep skepticism of the administrative state. This can be observed in his many environmental opinions, not least those deciding in favor of Monsanto itself.

In short, Thomas judges like the chemical industry attorney he once was. This Article does not argue that Thomas’s environmental experience is some sort of skeleton key for understanding his jurisprudence; rather, it argues that this experience represents an important, and previously ignored, part of his life that played a not insignificant role in shaping his influential ideology. A more rounded analysis of Thomas’s ideology is very much needed, especially as many of his once-fringe positions gain mainstream acceptance, as many of his former clerks assume positions of power or judgeships of their own, and as the climate crisis grows ever more acute.

Keywords: History, legal history, Supreme Court, Clarence Thomas, environmental law, climate change, Monsanto