Influenced by Dark Money, Clarence Thomas Has Reversed His Position on a Landmark Legal Doctrine
Supreme Court justice Clarence Thomas has abandoned his own stated principles and changed his position on one of America’s most significant regulatory doctrines. Why? A dark money network of conservative billionaires is making his family rich.

Justice Clarence Thomas at the Supreme Court building, Washington DC, September 29, 2009. (Mark Wilson / Getty Images)
Supreme Court justice Clarence Thomas changed his position on one of America’s most significant regulatory doctrines after his wife reportedly accepted secret payments from a shadowy conservative network pushing for the change. Thomas’s shift also came while he was receiving lavish gifts from a billionaire linked to other groups criticizing the same doctrine — which is now headed back to the high court.
The so-called “Chevron deference” doctrine stipulates that the executive branch — not the federal courts — has the power to interpret laws passed by Congress in certain circumstances. Conservatives for years have fought to overturn the doctrine, a move that would empower legal challenges to federal agency regulations on everything from climate policy to workplace safety to overtime pay.
Thomas wrote a landmark Supreme Court opinion upholding the doctrine in 2005, but began questioning it a decade later, before eventually renouncing his past opinion in 2020 and claiming that the doctrine itself might be unconstitutional. Now, Thomas could help overturn the doctrine in a new case the high court just agreed to hear next term.