January 30, 2007
The Truth About Clarence Thomas
Immediately upon his arrival at the court, Justice Thomas was savaged by court-watchers as Antonin Scalia’s dutiful apprentice, blindly following his mentor’s lead. It’s a grossly inaccurate portrayal, imbued with politically incorrect innuendo, as documents and notes from Justice Thomas’s very first days on the court conclusively show. Far from being a Scalia lackey, the rookie jurist made clear to the other justices that he was willing to be the solo dissenter, sending a strong signal that he would not moderate his opinions for the sake of comity. By his second week on the bench, he was staking out bold positions in the private conferences where justices vote on cases. If either justice changed his mind to side with the other that year, it was Justice Scalia joining Justice Thomas, not the other way around.
Consider a criminal case argued during Justice Thomas’s first week. It concerned a thief’s effort to get out of a Louisiana mental institution and the state’s desire to keep him there. Eight justices voted to side with the thief. Justice Thomas dissented, arguing that although it “may make eminent sense as a policy matter” to let the criminal out of the mental institution, nothing in the Constitution required “the states to conform to the policy preferences of federal judges.”
After he sent his dissenting opinion to the other justices, as is custom, Justices Rehnquist, Scalia and Kennedy changed their votes. The case ended up 5-4.
The false notion, likely based in the Left’s racist views, that Thomas is unintelligent will likely never go away. He’s long been my favorite Supreme Court Justice, he and I sharing a stronger respect for originalism than Scalia. Hopefully articles like this will at least start the process of opening people’s minds to him.
Crossposted at Gazizza.net.
Hat Tip: Jimmy Akin