Clarence Thomas

“ I join the opinion of the Court because it properly applies this doctrine, but I write separately to note that this doctrine may be inconsistent with the original meaning of the Fifth Amendment’s Self-Incrimination Clause. A substantial body of evidence suggests that the Fifth Amendment privilege protects against the compelled production not just of incriminating testimony, but of any incriminating evidence. In a future case, I would be willing to reconsider the scope and meaning of the Self-Incrimination Clause. ”

“ Similarly worded proposals to protect against compelling a person “to furnish evidence” against himself came from prominent voices outside the conventions. See The Federal Farmer No. 6 (1787) , in Cogan, supra, at 333 ”