concurring

The full scope of Ho’s about-face in Monday’s interview becomes clear only when read alongside a concurring opinion that he authored barely three months ago.

Wade, ending the constitutional right to abortion, longtime conservative Justice Clarence Thomas said in a concurring opinion that the court should also reconsider rulings that rely on similar legal reasoning, such as those that protect same-sex marriage and access to contraception.

We’ve had Justice Kavanaugh give his spin on what he thinks it means and how it works in a number of concurring opinions.

The motion also makes multiple references to Justice Clarence Thomas’ concurring opinion from the Supreme Court’s presidential immunity decision, which said, “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution.”

Still, corporate lawyers representing businesses likely to face qui tam lawsuits took heart from his expression of doubt, as well as from comments by Justices Brett Kavanaugh and Amy Coney Barrett, in concurring opinions in the same case, that they’d be open to considering the issue “in an appropriate case.”