The People's Justice: An Interview With Judge Amul Thapar

Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking on the button below. Thanks!

The Supreme Court has never had an Asian-American justice, but that could change with the next nomination, especially in a Republican administration. Several leading SCOTUS candidates on the right are Asian American, and the prospect of a historic “first” could make it marginally more difficult for Democrats to oppose the nominee.

One of the top prospects, and the Asian American who has come the closest to SCOTUS in the past, is Judge Amul Thapar (6th Cir.). In 2018, Judge Thapar interviewed at the White House for the seat that ultimately went to Justice Brett Kavanaugh. And one can see why Judge Thapar was considered: he’s a highly respected jurist with extensive experience as both a trial and appellate judge and an impressive, well-rounded résumé, including experience as U.S. Attorney for the Eastern District of Kentucky and in Biglaw.

Now Judge Thapar has added a new line to his CV: author. Earlier this month, Regnery published his first book, The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him. By looking at the personal stories behind some of Justice Thomas’s most famous cases, Judge Thapar argues that the justice’s originalism often leads to results that favor the powerless over the powerful—which is why Judge Thapar has dubbed Justice Thomas “the people’s justice.”

I had been wanting to have Judge Thapar on the podcast for quite some time, and his book’s publication provided an excellent occasion for welcoming him. In our conversation, we discussed his inspiring personal story as the son of immigrants, his interview for the high court, his success as a feeder judge, and The People’s Justice—including how recent controversies over Justice Thomas affect the case for him as a man of the people. Thanks to Judge Thapar for joining me, and I hope you enjoy listening to this episode as much as I enjoyed recording it.

Show Notes:

• The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him, Amazon

• Potential nominee profile: Amul Thapar, by Edith Roberts for SCOTUSblog

• Judge Amul Thapar On Discovery And The Civil Justice System, by David Lat for Above the Law

Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.

Sponsored by:

NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.