Tuesday, October 02, 2007

The Return of Clarence Thomas

Does this guy really believe this? And if he doesn't, if he's factually aware, does he care that's he so deeply and profoiundly full of shit?

Does he really believe it means nothing of any significance to be black in modern America?

Does he really believe that he really would be where now if he hadn't spent half a lifetime sucking white cock, kissing white as?

Does he really believe he'd be where he is if he was white?

If he isn't as dumb -- stupid -- as his detractors claim, where's the contrasting proof?

But that's my opinion. Let's see what others, including Justice Thomas, have to say -- then you decide!

HuffPo:
We're working our way backward through the '90s. With OJ Simpson again on the national stage, it was inevitable that Clarence Thomas would follow. The Thomas confirmation hearings were a milestone in real-time mass-mediated American psychodrama. Before the Juice, there was Long Dong Silver. Before the bloody glove, there was the pubic-hairy Coke can. Before the suicidal white Bronco driver, there was the victimized black conservative martyr. Before there was OJ's jury nullification, there was Thomas' "high-tech lynching," which acquitted him right onto the Supreme Court.

I still recall being so obsessed by the Judiciary Committee hearings that I listened to them through an earphone while pushing a baby stroller through the mall. I remember watching Arlen Specter and Orrin Hatch hard at work, attempting to destroy Anita Hill, and finally understanding what the Salem Witch Trials must have been like. I remember being torn between awe at Chairman Joe Biden's pomposity and amazement at the goings-on in his scalp. I remember calling my friend Jack Rosenthal, then the editor of the editorial page of the New York Times, nearly every day, haranguing him to stiffen the Senate's opposition. To this day, I recall my revulsion at George H.W. Bush's cynically gleeful, preposterous attempt to frame the Thomas nomination as a filling of the Thurgood Marshall seat.

It turns out, of course, that the alarming character traits Anita Hill observed in her boss Clarence Thomas were nothing compared to the nutcase judicial temperament he has since revealed. At his confirmation hearing, Thomas -- like Marshall before him, and Roberts and Alito after him -- paid tribute to stare decisis, the importance of precedent in guiding Supreme Court decisions. But no less an authority than arch-conservative fellow Associate Justice Antonin Scalia told Thomas' biographer, Ken Foskett, that Thomas "doesn't believe in stare decisis, period." If you think nutcase is too strong a word to summarize that view, listen again to Scalia, as quoted in this Terry Gross interview with Jeff Toobin about his new Supreme Court book, The Nine:
Mr. TOOBIN: Clarence Thomas is not just the most conservative member of the Rehnquist court or the Roberts court. He's the most conservative justice to serve on the court since the 1930s. If you take what Thomas says seriously, if you read his opinions, particularly about issues like the scope of the federal government, he basically thinks that the entire work of the New Deal is unconstitutional. He really believes in a conception of the federal government that hasn't been supported by the justices since Franklin Roosevelt made his appointments to the court. You know, I went to a speech that Justice Scalia gave at a synagogue here in New York a couple of years ago, and someone asked him, `What's the difference between your judicial philosophy and Justice Thomas?' I thought a very good question. And Scalia talked for a while and he said, `Look, I'm a conservative. I'm a texturalist. I'm an originalist. But I'm not a nut.' And I thought that...
GROSS: Meaning that he thinks Thomas is one.
Mr. TOOBIN: Well, that was certainly the implication.
GROSS: Mm-hmm.
Mr. TOOBIN: It was pretty amazing. I mean, Thomas is well outside the mainstream, even of the conservatives on the court.
The Roberts-Scalia-Thomas-Alito-and-sometimes-Kennedy fivesome on the Court today is the closest the country has come to the domination of the third branch of government by the same ideology that gave us the Bush administration and its Congressional and Fourth Estate enablers. If Justice Stevens can hang on, and if Democrats can nominate and confirm his successor, there is a chance that the Constitution can continue to rely on the better angels of Justice Kennedy's nature. But even so, I fear that the first Monday in October has lost an essential element of its grandeur for years to come. When Justice Souter wept after the Bush v. Gore decision, he was not only mourning the naked politicization of justice; he was anticipating the tragic abrogation of the Constitution that we have experienced in the seven years since. No reaction to that silent coup is more appallingly prescient than what Justice Thomas now tells us in his memoir was his reaction when his wife came to him in his bath to say that the Senate had confirmed him 52 to 48: "Whoop-dee-damn-doo."
And here come de judge! (Sorry.)
"Oh, goodness. I don't know. I’m black. How much of your life is determined by being male? I have no idea. I'm black. That's a fact of life. I'm 5'8 1/2" tall. I don't know how much of my life is determined by being 5'8 1/2" tall. It's just a part of who I am," Thomas tells Kroft.

"But you think of yourself as a black man," Kroft says.

"I'm a man. I'm a man, first and foremost. I'm a citizen of this country. And I happen to be black. I am a human being," Thomas replies.

Thomas believes the Constitution is "color blind" and he is part of an emerging majority on the court that believes that laws granting preferential treatment based on race should be struck down.

***

"You've been successful. You moved on. You don't care about people and your race," Kroft says.

"Oh, that's silliness," the justice replies.

"You do care," Kroft remarks.

"Oh, obviously I do," Thomas says. "Come on, you know? But it's none of their business. How much does Justice Scalia care about Italians? Did you ask him that? Did anyone ever ask him? Give me a break. Do I help people? Absolutely. Do I help, love helping black people? Absolutely. And I do. But do I like helping all people? Yes. In particular I like helping people who are disadvantaged, people who don’t come from the best circumstances. Do white people live in homeless shelters? Do Hispanics live in homeless shelters? Is disadvantaged exclusive province of blacks? No."
No significant discussion of his mentor, Danforth....

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