JUSTICE CLARENCE THOMAS (Wikipedia Info)
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Clarence Thomas
Associate Justice of the Supreme Court of the
United States
Incumbent
Assumed office
October 23, 1991
Nominated byGeorge H. W. Bush
Preceded by Thurgood Marshall
Judge of the United States Court of Appeals for
the District of Columbia Circuit
In office
March 12, 1990 – October 23, 1991
Nominated byGeorge H.W. Bush
Preceded by Robert Bork
Succeeded byJudith Rogers
Chairperson of the Equal Employment
Opportunity Commission
In office
May 6, 1982 – March 12, 1990
President Ronald Reagan
George H.W. Bush
Preceded by Eleanor Holmes Norton
Succeeded byEvan Kemp
From Wikipedia, the free encyclopedia
Clarence Thomas (born June 23, 1948) is an Associate
Justice of the Supreme Court of the United States. Succeeding
Thurgood Marshall, Thomas is the second African American
to serve on the Court.
Thomas grew up in Georgia and was educated at the College
of the Holy Cross and at Yale Law School. In 1974, he was
appointed an Assistant Attorney General in Missouri and
subsequently practiced law there in the private sector. In
1979, he became a legislative assistant to Missouri United
States Senator John Danforth and in 1981 was appointed
Assistant Secretary for Civil Rights at the U.S. Department of
Education. In 1982, President Ronald Reagan appointed
Thomas Chairman of the Equal Employment Opportunity
Commission (EEOC); he served in that position until 1990,
when President George H. W. Bush nominated him for a seat
on the United States Court of Appeals for the District of
Columbia Circuit.
On July 1, 1991, after 16 months of service as a judge,
Thomas was nominated by Bush to fill Marshall's seat on the
United States Supreme Court. Thomas's confirmation hearings
were bitter and intensely fought, centering on an accusation
that he had made unwelcome sexual comments to attorney
Anita Hill, a subordinate at the Department of Education and
subsequently at the EEOC. The U.S. Senate ultimately
confirmed Thomas by a vote of 52–48.
Since joining the Court, Thomas has taken a textualist
approach, seeking to uphold what he sees as the original
meaning of the United States Constitution and statutes. He is
generally viewed as among the most conservative members of
the Court. Thomas has often approached federalism issues in
a way that limits the power of the federal government and
expands power of state and local governments. At the same
time, Thomas's opinions have generally supported a strong
executive branch within the federal government.
1 Early life and education
2 Influences
3 Career
3.1 Early career
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
1 of 27 12/23/2011 8:10 PM
Associate Justice of the Supreme Court of the
United States
Incumbent
Assumed office
October 23, 1991
Nominated byGeorge H. W. Bush
Preceded by Thurgood Marshall
Judge of the United States Court of Appeals for
the District of Columbia Circuit
In office
March 12, 1990 – October 23, 1991
Nominated byGeorge H.W. Bush
Preceded by Robert Bork
Succeeded byJudith Rogers
Chairperson of the Equal Employment
Opportunity Commission
In office
May 6, 1982 – March 12, 1990
President Ronald Reagan
George H.W. Bush
Preceded by Eleanor Holmes Norton
Succeeded byEvan Kemp
From Wikipedia, the free encyclopedia
Clarence Thomas (born June 23, 1948) is an Associate
Justice of the Supreme Court of the United States. Succeeding
Thurgood Marshall, Thomas is the second African American
to serve on the Court.
Thomas grew up in Georgia and was educated at the College
of the Holy Cross and at Yale Law School. In 1974, he was
appointed an Assistant Attorney General in Missouri and
subsequently practiced law there in the private sector. In
1979, he became a legislative assistant to Missouri United
States Senator John Danforth and in 1981 was appointed
Assistant Secretary for Civil Rights at the U.S. Department of
Education. In 1982, President Ronald Reagan appointed
Thomas Chairman of the Equal Employment Opportunity
Commission (EEOC); he served in that position until 1990,
when President George H. W. Bush nominated him for a seat
on the United States Court of Appeals for the District of
Columbia Circuit.
On July 1, 1991, after 16 months of service as a judge,
Thomas was nominated by Bush to fill Marshall's seat on the
United States Supreme Court. Thomas's confirmation hearings
were bitter and intensely fought, centering on an accusation
that he had made unwelcome sexual comments to attorney
Anita Hill, a subordinate at the Department of Education and
subsequently at the EEOC. The U.S. Senate ultimately
confirmed Thomas by a vote of 52–48.
Since joining the Court, Thomas has taken a textualist
approach, seeking to uphold what he sees as the original
meaning of the United States Constitution and statutes. He is
generally viewed as among the most conservative members of
the Court. Thomas has often approached federalism issues in
a way that limits the power of the federal government and
expands power of state and local governments. At the same
time, Thomas's opinions have generally supported a strong
executive branch within the federal government.
1 Early life and education
2 Influences
3 Career
3.1 Early career
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
1 of 27 12/23/2011 8:10 PM
Personal details
Born June 23, 1948
Pin Point, Georgia, U.S.
Spouse(s) Kathy Ambush
(1971–1984)
Virginia Lamp (1987–present)
Children Jamal Adeen Thomas
Alma mater Conception Seminary College
College of the Holy Cross
Yale Law School
Religion Roman Catholicism
[1]
3.2 Federal judge
3.3 Supreme Court nomination and
confirmation
3.3.1 Anita Hill allegations
3.4 Early years on the Court
4 Public perception
5 Judicial philosophy
5.1 Conservatism and originalism
5.2 Voting alignment
5.3 Number of dissenting opinions
5.4 Stare decisis
5.5 Commerce Clause
5.6 Federalism
5.7 Privileges, immunities, and firearms
5.8 Executive power
5.9 Free speech
5.10 Fourth Amendment
5.11 Sixth Amendment
5.12 Eighth Amendment and capital punishment
5.13 Church and state
5.14 Equal protection and affirmative action
5.15 Abortion
5.16 Gay rights
5.17 Judicial review
6 Approach to oral arguments
7 Personal life
8 Writings
9 See also
10 Footnotes
11 References
12 Further reading
13 External links
Clarence Thomas was born in 1948 in Pin Point, Georgia, a small, predominantly black community founded by
freedmen after the American Civil War. When he was a child, the town lacked a sewage system and paved
roads. He was the second of three children born to M.C. Thomas, a farm worker, and Leola Williams, a domestic
worker.
[2][3]
They were descendants of American slaves, and the family spoke Gullah as a first language.
[4]
Thomas's first-known ancestors were slaves named Sandy and Peggy who were born around the end of the 18th
century and owned by wealthy Liberty County, Georgia planter Josiah Wilson.
[5]
M.C. Thomas left his family
when Thomas was two years old. Thomas's mother worked hard but was sometimes paid only pennies per day.
She had difficulty putting food on the table and was forced to rely on charity.
[6]
After a house fire left them
homeless, Thomas and his younger brother Myers were taken to live with his mother's parents in Savannah,
Georgia. Thomas was seven when the family moved in with his maternal grandfather, Myers Anderson, and
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
2 of 27 12/23/2011 8:10 P
M
Born June 23, 1948
Pin Point, Georgia, U.S.
Spouse(s) Kathy Ambush
(1971–1984)
Virginia Lamp (1987–present)
Children Jamal Adeen Thomas
Alma mater Conception Seminary College
College of the Holy Cross
Yale Law School
Religion Roman Catholicism
[1]
3.2 Federal judge
3.3 Supreme Court nomination and
confirmation
3.3.1 Anita Hill allegations
3.4 Early years on the Court
4 Public perception
5 Judicial philosophy
5.1 Conservatism and originalism
5.2 Voting alignment
5.3 Number of dissenting opinions
5.4 Stare decisis
5.5 Commerce Clause
5.6 Federalism
5.7 Privileges, immunities, and firearms
5.8 Executive power
5.9 Free speech
5.10 Fourth Amendment
5.11 Sixth Amendment
5.12 Eighth Amendment and capital punishment
5.13 Church and state
5.14 Equal protection and affirmative action
5.15 Abortion
5.16 Gay rights
5.17 Judicial review
6 Approach to oral arguments
7 Personal life
8 Writings
9 See also
10 Footnotes
11 References
12 Further reading
13 External links
Clarence Thomas was born in 1948 in Pin Point, Georgia, a small, predominantly black community founded by
freedmen after the American Civil War. When he was a child, the town lacked a sewage system and paved
roads. He was the second of three children born to M.C. Thomas, a farm worker, and Leola Williams, a domestic
worker.
[2][3]
They were descendants of American slaves, and the family spoke Gullah as a first language.
[4]
Thomas's first-known ancestors were slaves named Sandy and Peggy who were born around the end of the 18th
century and owned by wealthy Liberty County, Georgia planter Josiah Wilson.
[5]
M.C. Thomas left his family
when Thomas was two years old. Thomas's mother worked hard but was sometimes paid only pennies per day.
She had difficulty putting food on the table and was forced to rely on charity.
[6]
After a house fire left them
homeless, Thomas and his younger brother Myers were taken to live with his mother's parents in Savannah,
Georgia. Thomas was seven when the family moved in with his maternal grandfather, Myers Anderson, and
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
2 of 27 12/23/2011 8:10 P
M
Anderson's wife, Christine (née Hargrove), in Savannah.
[7]
Living with his grandparents, Thomas enjoyed amenities such as indoor plumbing and regular meals for the first
time in his life.
[2]
His grandfather Myers Anderson had little formal education, but had built a thriving fuel oil
business that also sold ice. Thomas calls his grandfather "the greatest man I have ever known."
[7]
When Thomas
was 10, Anderson started taking the family to help at a farm every day from sunrise to sunset.
[7]
His grandfather
believed in hard work and self-reliance; he would counsel Thomas to "never let the sun catch you in bed."
Thomas's grandfather also impressed upon his grandsons the importance of getting a good education.
[2]
Thomas was the only black person at his high school in Savannah, where he was an honor student.
[8]
He was
raised Roman Catholic. (He later attended an Episcopal church with his first wife but returned to the Catholic
Church in the late 1990s.) He considered entering the priesthood at the age of 16, and became the first black
student to attend St. John Vianney's Minor Seminary (Savannah) on the Isle of Hope.
[7]
He also briefly attended
Conception Seminary College, a Roman Catholic seminary in Missouri. No one in Thomas's family had attended
college. Thomas has said that during his first year in seminary, he was one of only "three or four" blacks
attending the school.
[8]
Thomas told interviewers that he left the seminary in the aftermath of the assassination
of Martin Luther King, Jr. He had overheard another student say after the shooting, "Good, I hope the son of a
bitch died."
[3][9]
He did not think the church did enough to combat racism.
[7]
At a nun's suggestion, Thomas attended the College of the Holy Cross in Worcester, Massachusetts. While there,
Thomas helped found the Black Student Union. Once he walked out after an incident in which black students
were punished while white students went undisciplined for committing the same violation, and some of the
priests negotiated with the protesting black students to return to school.
[8]
Having spoken the Gullah language as a child, Thomas realized in college that he still sounded unpolished despite
having been drilled in grammar at school, and he chose to major in English literature "to conquer the
language".
[10]
At Holy Cross, he was also a member of Alpha Sigma Nu and the Purple Key Society.
[11]
Among
Thomas's classmates at Holy Cross were future defense attorney Ted Wells and author Edward P. Jones, who
won the Pulitzer Prize for his novel, The Known World.
[12]
Thomas graduated from Holy Cross in 1971 with an
A.B. cum laude in English literature.
[10][11]
Thomas had a series of deferments from the military draft while in college at Holy Cross. Upon graduation, he
was classified as 1-A and received a low lottery number, indicating he might be drafted to serve in Vietnam.
Thomas failed his medical exam, due to curvature of the spine, and was not drafted.
[13]
Thomas entered Yale
Law School, from which he received a Juris Doctor (J.D.) degree in 1974, graduating towards the middle of his
class.
[14]
Thomas has recollected that his Yale law degree was not taken seriously by law firms to which he applied after
graduating. He said that potential employers assumed he obtained it because of affirmative action policies.
[15]
According to Thomas, he was "asked pointed questions, unsubtly suggesting that they doubted I was as smart as
my grades indicated."
[16]
I peeled a fifteen-cent sticker off a package of cigars and stuck it on the frame of my law degree to
remind myself of the mistake I’d made by going to Yale. I never did change my mind about its
value.
[17]
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
3 of 27 12/23/2011 8:10 PM
[7]
Living with his grandparents, Thomas enjoyed amenities such as indoor plumbing and regular meals for the first
time in his life.
[2]
His grandfather Myers Anderson had little formal education, but had built a thriving fuel oil
business that also sold ice. Thomas calls his grandfather "the greatest man I have ever known."
[7]
When Thomas
was 10, Anderson started taking the family to help at a farm every day from sunrise to sunset.
[7]
His grandfather
believed in hard work and self-reliance; he would counsel Thomas to "never let the sun catch you in bed."
Thomas's grandfather also impressed upon his grandsons the importance of getting a good education.
[2]
Thomas was the only black person at his high school in Savannah, where he was an honor student.
[8]
He was
raised Roman Catholic. (He later attended an Episcopal church with his first wife but returned to the Catholic
Church in the late 1990s.) He considered entering the priesthood at the age of 16, and became the first black
student to attend St. John Vianney's Minor Seminary (Savannah) on the Isle of Hope.
[7]
He also briefly attended
Conception Seminary College, a Roman Catholic seminary in Missouri. No one in Thomas's family had attended
college. Thomas has said that during his first year in seminary, he was one of only "three or four" blacks
attending the school.
[8]
Thomas told interviewers that he left the seminary in the aftermath of the assassination
of Martin Luther King, Jr. He had overheard another student say after the shooting, "Good, I hope the son of a
bitch died."
[3][9]
He did not think the church did enough to combat racism.
[7]
At a nun's suggestion, Thomas attended the College of the Holy Cross in Worcester, Massachusetts. While there,
Thomas helped found the Black Student Union. Once he walked out after an incident in which black students
were punished while white students went undisciplined for committing the same violation, and some of the
priests negotiated with the protesting black students to return to school.
[8]
Having spoken the Gullah language as a child, Thomas realized in college that he still sounded unpolished despite
having been drilled in grammar at school, and he chose to major in English literature "to conquer the
language".
[10]
At Holy Cross, he was also a member of Alpha Sigma Nu and the Purple Key Society.
[11]
Among
Thomas's classmates at Holy Cross were future defense attorney Ted Wells and author Edward P. Jones, who
won the Pulitzer Prize for his novel, The Known World.
[12]
Thomas graduated from Holy Cross in 1971 with an
A.B. cum laude in English literature.
[10][11]
Thomas had a series of deferments from the military draft while in college at Holy Cross. Upon graduation, he
was classified as 1-A and received a low lottery number, indicating he might be drafted to serve in Vietnam.
Thomas failed his medical exam, due to curvature of the spine, and was not drafted.
[13]
Thomas entered Yale
Law School, from which he received a Juris Doctor (J.D.) degree in 1974, graduating towards the middle of his
class.
[14]
Thomas has recollected that his Yale law degree was not taken seriously by law firms to which he applied after
graduating. He said that potential employers assumed he obtained it because of affirmative action policies.
[15]
According to Thomas, he was "asked pointed questions, unsubtly suggesting that they doubted I was as smart as
my grades indicated."
[16]
I peeled a fifteen-cent sticker off a package of cigars and stuck it on the frame of my law degree to
remind myself of the mistake I’d made by going to Yale. I never did change my mind about its
value.
[17]
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
3 of 27 12/23/2011 8:10 PM
Official Equal Employment
Opportunity Commission portrait
of Thomas
In 1975, when Thomas read Race and Economics by economist Thomas Sowell, he found an intellectual
foundation for this philosophy.
[6][18][19]
The book criticized social reforms by government and instead argued
for individual action to overcome circumstances and adversity. He was also influenced by Ayn Rand,
[20]
particularly The Fountainhead, and would later require his staffers to watch the 1949 film version.
[6]
Thomas
later said that novelist Richard Wright had been the most influential writer in his life; Wright's books Native Son
and Black Boy "capture[d] a lot of the feelings that I had inside that you learn how to repress."
[21]
Thomas
acknowledges having "some very strong libertarian leanings".
[22]
Early career
Thomas was admitted to the Missouri bar on September 13, 1974.
[23]
From
1974 to 1977, Thomas was an Assistant Attorney General of Missouri under
then State Attorney General John Danforth, who met Thomas at Yale Law
School. Thomas was the only black member of Danforth's staff.
[24]
As
Assistant Attorney General, Thomas first worked at the criminal appeals
division of Danforth's office and moved on to the revenue and taxation
division.
[25]
Retrospectively, Thomas considers Assistant Attorney General
the best job he has ever had.
[26]
When Danforth was elected to the U.S.
Senate in 1976 to 1979, Thomas left to become an attorney with Monsanto
Company in St. Louis, Missouri.
[27]
He moved to Washington, D.C. and
returned to work for Danforth from 1979 to 1981 as a Legislative Assistant
handling energy issues for the Senate Commerce Committee.
[28]
The two
men shared a common bond in that they had studied to be ordained
(although in different denominations). Danforth was to be instrumental in
championing Thomas for the Supreme Court.
In 1981, he joined the Reagan administration. From 1981 to 1982, he served as Assistant Secretary of Education
for the Office for Civil Rights in the U.S. Department of Education. From 1982 to 1990, he was Chairman of the
US Equal Employment Opportunity Commission ("EEOC"). Journalist Evan Thomas characterized Thomas as
"openly ambitious for higher office" during his tenure at the EEOC. As Chairman, he promoted a doctrine of
self-reliance, and halted the usual EEOC approach of filing class-action discrimination lawsuits, instead pursuing
acts of individual discrimination.
[29]
He also asserted in 1984 that black leaders were "watching the destruction
of our race" as they "bitch, bitch, bitch" about President Reagan instead of working with the Reagan
administration to alleviate teenage pregnancy, unemployment and illiteracy.
[30]
Federal judge
On October 30, 1989, Thomas was nominated by President George H. W. Bush to a seat on the United States
Court of Appeals for the District of Columbia Circuit vacated by Robert Bork, despite Thomas's initial
protestations that he would not like to be a judge.
[31]
Thomas gained the support of other African Americans
such as former Transportation Secretary William Coleman, but said that when meeting white Democratic staffers
in the United States Senate, he was "struck by how easy it had become for sanctimonious whites to accuse a
black man of not caring about civil rights."
[31]
Thomas's confirmation hearing was uneventful.
[32]
He was confirmed by the United States Senate on March 6,
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
4 of 27 12/23/2011 8:10 P
M
Opportunity Commission portrait
of Thomas
In 1975, when Thomas read Race and Economics by economist Thomas Sowell, he found an intellectual
foundation for this philosophy.
[6][18][19]
The book criticized social reforms by government and instead argued
for individual action to overcome circumstances and adversity. He was also influenced by Ayn Rand,
[20]
particularly The Fountainhead, and would later require his staffers to watch the 1949 film version.
[6]
Thomas
later said that novelist Richard Wright had been the most influential writer in his life; Wright's books Native Son
and Black Boy "capture[d] a lot of the feelings that I had inside that you learn how to repress."
[21]
Thomas
acknowledges having "some very strong libertarian leanings".
[22]
Early career
Thomas was admitted to the Missouri bar on September 13, 1974.
[23]
From
1974 to 1977, Thomas was an Assistant Attorney General of Missouri under
then State Attorney General John Danforth, who met Thomas at Yale Law
School. Thomas was the only black member of Danforth's staff.
[24]
As
Assistant Attorney General, Thomas first worked at the criminal appeals
division of Danforth's office and moved on to the revenue and taxation
division.
[25]
Retrospectively, Thomas considers Assistant Attorney General
the best job he has ever had.
[26]
When Danforth was elected to the U.S.
Senate in 1976 to 1979, Thomas left to become an attorney with Monsanto
Company in St. Louis, Missouri.
[27]
He moved to Washington, D.C. and
returned to work for Danforth from 1979 to 1981 as a Legislative Assistant
handling energy issues for the Senate Commerce Committee.
[28]
The two
men shared a common bond in that they had studied to be ordained
(although in different denominations). Danforth was to be instrumental in
championing Thomas for the Supreme Court.
In 1981, he joined the Reagan administration. From 1981 to 1982, he served as Assistant Secretary of Education
for the Office for Civil Rights in the U.S. Department of Education. From 1982 to 1990, he was Chairman of the
US Equal Employment Opportunity Commission ("EEOC"). Journalist Evan Thomas characterized Thomas as
"openly ambitious for higher office" during his tenure at the EEOC. As Chairman, he promoted a doctrine of
self-reliance, and halted the usual EEOC approach of filing class-action discrimination lawsuits, instead pursuing
acts of individual discrimination.
[29]
He also asserted in 1984 that black leaders were "watching the destruction
of our race" as they "bitch, bitch, bitch" about President Reagan instead of working with the Reagan
administration to alleviate teenage pregnancy, unemployment and illiteracy.
[30]
Federal judge
On October 30, 1989, Thomas was nominated by President George H. W. Bush to a seat on the United States
Court of Appeals for the District of Columbia Circuit vacated by Robert Bork, despite Thomas's initial
protestations that he would not like to be a judge.
[31]
Thomas gained the support of other African Americans
such as former Transportation Secretary William Coleman, but said that when meeting white Democratic staffers
in the United States Senate, he was "struck by how easy it had become for sanctimonious whites to accuse a
black man of not caring about civil rights."
[31]
Thomas's confirmation hearing was uneventful.
[32]
He was confirmed by the United States Senate on March 6,
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
4 of 27 12/23/2011 8:10 P
M
1990, and received his commission the same day. He developed warm relationships during his 19 months on the
federal court, including with fellow federal judge Ruth Bader Ginsburg.
[31][33]
Supreme Court nomination and confirmation
Main article: Clarence Thomas Supreme Court nomination
Justice William Brennan stepped down from the Supreme Court in July 1990. Thomas was one of five candidates
on Bush's shortlist, and Bush's favorite of the five. Ultimately, after consulting with his advisors, Bush decided to
hold off on nominating Thomas, and nominated Judge David Souter of the First Circuit instead.
[31]
Souter would
disappoint conservatives, who had expected him to be more favorable towards them.
Less than a year later, on July 1, 1991 President Bush nominated Clarence Thomas to replace Thurgood
Marshall, who had just announced his retirement and had been the only African-American justice on the
Court.
[34]
Legal author Jeffrey Toobin says Bush and others saw Thomas as the only "plausible" black candidate
who would provide a reliably conservative vote.
[35]
In announcing his selection, President Bush called Thomas
the "best qualified [nominee] at this time."
[31]
In those days, U.S. presidents submitted lists of potential federal court nominees to the American Bar
Association (ABA) for a confidential rating of their judicial temperament, competence and integrity on a
three-level scale of well qualified, qualified or unqualified.
[36]
Anticipating that the ABA would rate Thomas
more poorly than they thought he deserved, the White House and Republican Senators pressured the ABA for at
least the mid-level qualified rating, and simultaneously attempted to discredit the ABA as partisan.
[nb 1][37]
The
ABA did rate Thomas as qualified, although with one of the lowest levels of support for a Supreme Court
nominee.
[38][39][40][41][42][43]
Ultimately, the ABA rating ended up having little impact on Thomas' nomination.
[37][36]
Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur.
Both liberal interest groups and Republicans in the White House and Senate approached the nomination as a
political campaign.
[44][45]
Attorney General Richard Thornburgh had previously warned Bush that replacing Thurgood Marshall, who was
widely revered as a civil rights icon, with any candidate who was not perceived to share Marshall's views would
make the confirmation process difficult.
[46]
Civil rights and feminist organizations opposed the appointment
based partially on Thomas's criticism of affirmative action and suspicions that Thomas might not be a supporter
of Roe v. Wade.
[citation needed]
Thomas's formal confirmation hearings began on September 10, 1991.
[47]
Thomas was reticent when answering
Senators' questions during the appointment process, recalling what had happened to Robert Bork when Bork
expounded on his judicial philosophy during his conformation hearings four years prior.
[48]
Thomas's earlier
writings had frequently referenced the legal theory of natural law; during his confirmation hearings Thomas
limited himself to the statement that he regards natural law as a "philosophical background" to the Constitution.
[49][50][51]
Thomas himself later asserted in his autobiography that in the course of his professional career, he
had not developed a judicial philosophy.
[citation needed]
Anita Hill allegations
Toward the end of the confirmation hearings, an FBI interview with Anita Hill was leaked. Hill, an attorney, had
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
5 of 27 12/23/2011 8:10 P
M
federal court, including with fellow federal judge Ruth Bader Ginsburg.
[31][33]
Supreme Court nomination and confirmation
Main article: Clarence Thomas Supreme Court nomination
Justice William Brennan stepped down from the Supreme Court in July 1990. Thomas was one of five candidates
on Bush's shortlist, and Bush's favorite of the five. Ultimately, after consulting with his advisors, Bush decided to
hold off on nominating Thomas, and nominated Judge David Souter of the First Circuit instead.
[31]
Souter would
disappoint conservatives, who had expected him to be more favorable towards them.
Less than a year later, on July 1, 1991 President Bush nominated Clarence Thomas to replace Thurgood
Marshall, who had just announced his retirement and had been the only African-American justice on the
Court.
[34]
Legal author Jeffrey Toobin says Bush and others saw Thomas as the only "plausible" black candidate
who would provide a reliably conservative vote.
[35]
In announcing his selection, President Bush called Thomas
the "best qualified [nominee] at this time."
[31]
In those days, U.S. presidents submitted lists of potential federal court nominees to the American Bar
Association (ABA) for a confidential rating of their judicial temperament, competence and integrity on a
three-level scale of well qualified, qualified or unqualified.
[36]
Anticipating that the ABA would rate Thomas
more poorly than they thought he deserved, the White House and Republican Senators pressured the ABA for at
least the mid-level qualified rating, and simultaneously attempted to discredit the ABA as partisan.
[nb 1][37]
The
ABA did rate Thomas as qualified, although with one of the lowest levels of support for a Supreme Court
nominee.
[38][39][40][41][42][43]
Ultimately, the ABA rating ended up having little impact on Thomas' nomination.
[37][36]
Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur.
Both liberal interest groups and Republicans in the White House and Senate approached the nomination as a
political campaign.
[44][45]
Attorney General Richard Thornburgh had previously warned Bush that replacing Thurgood Marshall, who was
widely revered as a civil rights icon, with any candidate who was not perceived to share Marshall's views would
make the confirmation process difficult.
[46]
Civil rights and feminist organizations opposed the appointment
based partially on Thomas's criticism of affirmative action and suspicions that Thomas might not be a supporter
of Roe v. Wade.
[citation needed]
Thomas's formal confirmation hearings began on September 10, 1991.
[47]
Thomas was reticent when answering
Senators' questions during the appointment process, recalling what had happened to Robert Bork when Bork
expounded on his judicial philosophy during his conformation hearings four years prior.
[48]
Thomas's earlier
writings had frequently referenced the legal theory of natural law; during his confirmation hearings Thomas
limited himself to the statement that he regards natural law as a "philosophical background" to the Constitution.
[49][50][51]
Thomas himself later asserted in his autobiography that in the course of his professional career, he
had not developed a judicial philosophy.
[citation needed]
Anita Hill allegations
Toward the end of the confirmation hearings, an FBI interview with Anita Hill was leaked. Hill, an attorney, had
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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Clarence Thomas being
sworn in by Byron White, as
wife Virginia Lamp Thomas
looks on.
worked for Thomas at the Department of Education and had subsequently moved with Thomas to the EEOC.
[52]
After the leak, Hill was called to testify at Thomas's confirmation hearings. She testified that Thomas had
subjected her to comments of a sexual nature, which she felt constituted sexual harassment or at least "behavior
that is unbefitting an individual who will be a member of the Court."
[53][54][55][56]
Hill's testimony included lurid
details, and some Senators aggressively questioned her.
[57]
Thomas denied the allegations, saying:
[58]
This is not an opportunity to talk about difficult matters privately or in a closed environment. This is
a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech
lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to
have different ideas, and it is a message that unless you kowtow to an old order, this is what will
happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather
than hung from a tree.
[59]
Hill was the only person to testify at the Senate hearings that there had been unsolicited sexual advances.
[60]
Angela Wright, who worked under Thomas at the EEOC before he fired her,
[61]
decided not to testify,
[62]
but
submitted a written statement alleging that Thomas had pressured her for a date and had made comments about
the anatomy of women. However, she said she did not feel his behavior was intimidating nor did she feel
sexually harassed, though she allowed that "Some other women might have".
[63][64]
.
[65]
Also, Sukari Hardnett, a
former Thomas assistant, wrote to the Senate committee saying that although Thomas had not harassed her, she
did feel that he had inspected her as a female.
[66][67]
Other former colleagues testified on Thomas's behalf. Nancy Altman, who shared
an office with Thomas at the Department of Education, testified that she heard
virtually everything Thomas said over the course of two years, and never heard
any sexist or offensive comment. Altman did not find it credible that Thomas
could have engaged in the conduct alleged by Hill, without any of the dozens of
women he worked with noticing it.
[68]
Senator Alan K. Simpson was puzzled
about why Hill and Thomas met, dined, and spoke by phone on various occasions
after they no longer worked together.
[69]
According to the Oyez Project, there was a lack of convincing proof produced at
the Senate hearings.
[2]
After extensive debate, the Judiciary Committee split 7–7
on September 27, sending the nomination to the full Senate without a
recommendation. Thomas was confirmed by a 52–48 vote on October 15, 1991,
the narrowest margin for approval in more than a century.
[70]
The final floor vote
was mostly along party lines: 41 Republicans and 11 Democrats voted to confirm
while 46 Democrats and two Republicans voted to reject the nomination.
Newspaper coverage of Thomas's private life was limited after he was
confirmed.
[71]
Thomas received his commission and took the two required oaths several days after the Senate vote; this process
was delayed by the death of Chief Justice Rehnquist's wife, but the delay was reduced at the request of Thomas.
[72][73]
He indicated that he was eager to get to work,
[73]
and an additional reason for reducing the delay was to
end further media inquiry into Thomas's private life.
[45][74]
Reporters largely stopped such inquiries after
Thomas joined the Court, despite new information potentially corroborating some of Hill's testimony including
her description of Thomas's alleged entertainment preferences.
[45][71]
Throughout this episode, Thomas
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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sworn in by Byron White, as
wife Virginia Lamp Thomas
looks on.
worked for Thomas at the Department of Education and had subsequently moved with Thomas to the EEOC.
[52]
After the leak, Hill was called to testify at Thomas's confirmation hearings. She testified that Thomas had
subjected her to comments of a sexual nature, which she felt constituted sexual harassment or at least "behavior
that is unbefitting an individual who will be a member of the Court."
[53][54][55][56]
Hill's testimony included lurid
details, and some Senators aggressively questioned her.
[57]
Thomas denied the allegations, saying:
[58]
This is not an opportunity to talk about difficult matters privately or in a closed environment. This is
a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech
lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to
have different ideas, and it is a message that unless you kowtow to an old order, this is what will
happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather
than hung from a tree.
[59]
Hill was the only person to testify at the Senate hearings that there had been unsolicited sexual advances.
[60]
Angela Wright, who worked under Thomas at the EEOC before he fired her,
[61]
decided not to testify,
[62]
but
submitted a written statement alleging that Thomas had pressured her for a date and had made comments about
the anatomy of women. However, she said she did not feel his behavior was intimidating nor did she feel
sexually harassed, though she allowed that "Some other women might have".
[63][64]
.
[65]
Also, Sukari Hardnett, a
former Thomas assistant, wrote to the Senate committee saying that although Thomas had not harassed her, she
did feel that he had inspected her as a female.
[66][67]
Other former colleagues testified on Thomas's behalf. Nancy Altman, who shared
an office with Thomas at the Department of Education, testified that she heard
virtually everything Thomas said over the course of two years, and never heard
any sexist or offensive comment. Altman did not find it credible that Thomas
could have engaged in the conduct alleged by Hill, without any of the dozens of
women he worked with noticing it.
[68]
Senator Alan K. Simpson was puzzled
about why Hill and Thomas met, dined, and spoke by phone on various occasions
after they no longer worked together.
[69]
According to the Oyez Project, there was a lack of convincing proof produced at
the Senate hearings.
[2]
After extensive debate, the Judiciary Committee split 7–7
on September 27, sending the nomination to the full Senate without a
recommendation. Thomas was confirmed by a 52–48 vote on October 15, 1991,
the narrowest margin for approval in more than a century.
[70]
The final floor vote
was mostly along party lines: 41 Republicans and 11 Democrats voted to confirm
while 46 Democrats and two Republicans voted to reject the nomination.
Newspaper coverage of Thomas's private life was limited after he was
confirmed.
[71]
Thomas received his commission and took the two required oaths several days after the Senate vote; this process
was delayed by the death of Chief Justice Rehnquist's wife, but the delay was reduced at the request of Thomas.
[72][73]
He indicated that he was eager to get to work,
[73]
and an additional reason for reducing the delay was to
end further media inquiry into Thomas's private life.
[45][74]
Reporters largely stopped such inquiries after
Thomas joined the Court, despite new information potentially corroborating some of Hill's testimony including
her description of Thomas's alleged entertainment preferences.
[45][71]
Throughout this episode, Thomas
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
6 of 27 12/23/2011 8:10 P
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defended his right to privacy, refused to describe discussions that he may have had outside the workplace
regarding his personal life, and promised that he would not allow anyone to probe his private life.
[75]
The debate over who was telling the truth continues. Clarence Thomas wrote an autobiography addressing Anita
Hill's allegations, and she also wrote an autobiography addressing her experience in the hearings.
[76]
Early years on the Court
Upon his appointment, Thomas was generally perceived as joining the conservative wing of the Court, voting
most frequently with Chief Justice Rehnquist and Justice Scalia.
[77]
Though most Justices, including Marshall,
whom he was replacing, immediately welcomed Thomas, law clerks of some liberal justices viewed him with
contempt, questioning his qualifications and intellectual heft.
[78]
Legal reporter Jan Crawford Greenburg says
that pundits' portrayal of Thomas as Antonin Scalia's understudy was grossly inaccurate – she says that from
early on, it was more often Scalia changing his mind to agree with Thomas, rather than the other way around.
[79][80]
On the other hand, Greenburg suggests that the forcefulness of Thomas's views pushed Justices Souter,
Sandra Day O'Connor, and Anthony Kennedy away.
[79]
Thomas has rarely given media interviews during his time on the Court. He said in 2007: "One of the reasons I don't do media interviews is, in the past, the media often has its own script."
[8]
In 2007, Thomas received a
$1.5 million advance for writing his memoir, My Grandfather's Son; it became a bestseller.
[81][82]
Thomas biographer Scott Douglas Gerber has opined that attacks against Thomas from critics such as Jeffrey
Toobin have been unusually vitriolic, which Gerber attributes in part to liberals’ disappointment that Thomas has
departed so much from the jurisprudence of the African American whom he succeeded, Thurgood Marshall.
[83]
Additional possible causes for the harsh criticism of Thomas may be the inherently explosive nature of sexual
misconduct accusations, the suspicion among some people that Thomas was less than forthcoming during his
confirmation hearings, and the belief in some circles that Thomas has benefited from affirmative action programs
like ones he has criticized as a judge.
[83]
In 2006, Thomas had a 48% favorable, 36% unfavorable rating, according to Rasmussen Reports.
[84][85]
Conservatism and originalism
Thomas is often described as an originalist and a member of the conservative wing of the Supreme Court.
[2][86][87]
He is also often described as the most conservative member of the Supreme Court,
[14][88][89]
although
others give Justice Scalia that designation.
[90][91][92]
Scalia and Thomas have similar but not identical judicialphilosophies, and pundits speculate about the degree to which Scalia thinks some of Thomas's views are
implausible.
[93][94]
Thomas has also been described as a textualist whose jurisprudence is similar to that of Justice Hugo Black, who
"resisted the tendency to create social policy out of 'whole cloth.'"
[95]
According to the same commentator,
Thomas generally declines to engage in what he sees as judicial lawmaking, and instead views the constitutional
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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regarding his personal life, and promised that he would not allow anyone to probe his private life.
[75]
The debate over who was telling the truth continues. Clarence Thomas wrote an autobiography addressing Anita
Hill's allegations, and she also wrote an autobiography addressing her experience in the hearings.
[76]
Early years on the Court
Upon his appointment, Thomas was generally perceived as joining the conservative wing of the Court, voting
most frequently with Chief Justice Rehnquist and Justice Scalia.
[77]
Though most Justices, including Marshall,
whom he was replacing, immediately welcomed Thomas, law clerks of some liberal justices viewed him with
contempt, questioning his qualifications and intellectual heft.
[78]
Legal reporter Jan Crawford Greenburg says
that pundits' portrayal of Thomas as Antonin Scalia's understudy was grossly inaccurate – she says that from
early on, it was more often Scalia changing his mind to agree with Thomas, rather than the other way around.
[79][80]
On the other hand, Greenburg suggests that the forcefulness of Thomas's views pushed Justices Souter,
Sandra Day O'Connor, and Anthony Kennedy away.
[79]
Thomas has rarely given media interviews during his time on the Court. He said in 2007: "One of the reasons I don't do media interviews is, in the past, the media often has its own script."
[8]
In 2007, Thomas received a
$1.5 million advance for writing his memoir, My Grandfather's Son; it became a bestseller.
[81][82]
Thomas biographer Scott Douglas Gerber has opined that attacks against Thomas from critics such as Jeffrey
Toobin have been unusually vitriolic, which Gerber attributes in part to liberals’ disappointment that Thomas has
departed so much from the jurisprudence of the African American whom he succeeded, Thurgood Marshall.
[83]
Additional possible causes for the harsh criticism of Thomas may be the inherently explosive nature of sexual
misconduct accusations, the suspicion among some people that Thomas was less than forthcoming during his
confirmation hearings, and the belief in some circles that Thomas has benefited from affirmative action programs
like ones he has criticized as a judge.
[83]
In 2006, Thomas had a 48% favorable, 36% unfavorable rating, according to Rasmussen Reports.
[84][85]
Conservatism and originalism
Thomas is often described as an originalist and a member of the conservative wing of the Supreme Court.
[2][86][87]
He is also often described as the most conservative member of the Supreme Court,
[14][88][89]
although
others give Justice Scalia that designation.
[90][91][92]
Scalia and Thomas have similar but not identical judicialphilosophies, and pundits speculate about the degree to which Scalia thinks some of Thomas's views are
implausible.
[93][94]
Thomas has also been described as a textualist whose jurisprudence is similar to that of Justice Hugo Black, who
"resisted the tendency to create social policy out of 'whole cloth.'"
[95]
According to the same commentator,
Thomas generally declines to engage in what he sees as judicial lawmaking, and instead views the constitutional
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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role of the Court as being the interpretation of law, rather than the making of law.
[95]
Voting alignment
On average, from 1994 to 2004, Scalia and Thomas had an 86.7% voting alignment, the highest on the Court,
followed by Ginsburg and Souter (85.6%).
[96]
Scalia and Thomas's agreement rate peaked in 1996, at 97.7%.
[96]
By 2004, however, other pairs of justices were observed to be more closely aligned than Scalia and Thomas.
[97]
The conventional wisdom that Thomas's votes follow Antonin Scalia's is reflected by Linda Greenhouse's
observation that Thomas voted with Scalia 91 percent of the time during October Term 2006, and with Justice
John Paul Stevens the least, 36% of the time.
[98]
Statistics compiled annually by Tom Goldstein of SCOTUSblog
demonstrate that Greenhouse's count is methodology-specific, counting non-unanimous cases where Scalia and
Thomas voted for the same litigant, regardless of whether they got there by the same reasoning.
[99]
Goldstein's
statistics show that the two agreed in full only 74% of the time, and that the frequency of agreement between
Scalia and Thomas is not as outstanding as is often implied by pieces aimed at lay audiences. For example, in
that same term, Souter and Ginsburg voted together 81% of the time by the method of counting that yields a
74% agreement between Thomas and Scalia. By the metric that produces the 91% Scalia/Thomas figure,
Ginsburg and Breyer agreed 90% of the time. Roberts and Alito agreed 94% of the time.
[100]
Legal correspondent Jan Crawford Greenburg wrote in her book on the Supreme Court that Thomas's forceful
views moved moderates like Sandra Day O'Connor further to the left, but frequently attracted votes from
Rehnquist and Scalia.
[101]
Mark Tushnet and Jeffrey Toobin both observe that Rehnquist rarely assigned
important majority opinions to Thomas, because the latter's views made it difficult for him to persuade a majority
of justices to join him.
[102]
Number of dissenting opinions
From 1994 to 2004, on average, Thomas was the third most frequent dissenter on the Court, behind Stevens and
Scalia.
[96]
Four other justices dissented as frequently in 2007.
[103]
Three other justices dissented as frequently in
2006.
[104]
One other justice dissented as frequently in 2005.
[105]
Stare decisis
See also: Stare decisis in the U.S. legal system
According to law professor Michael J. Gerhardt, Thomas has supported leaving a broad spectrum of
constitutional decisions intact.
[106]
Thomas supports statutory stare decisis.
[107]
During his confirmation
hearings Thomas said: "[S]tare decisis provides continuity to our system, it provides predictability, and in our
process of case-by-case decision making, I think it is a very important and critical concept."
[108]
Among the
thirteen justices who served on the Rehnquist Court, Thomas ranked eleventh for the number of votes he cast
overturning precedent (without accounting for length of Court service).
[109]
However, on a frequency basis, he
urged overruling and joined in overruling precedents more frequently than any other justice.
[109]
According to Scalia, Thomas is more willing to overrule constitutional cases: "If a constitutional line of authority
is wrong, he would say let's get it right. I wouldn't do that."
[110]
Thomas's belief in originalism is strong; he has
said, "When faced with a clash of constitutional principle and a line of unreasoned cases wholly divorced from
the text, history, and structure of our founding document, we should not hesitate to resolve the tension in favor
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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[95]
Voting alignment
On average, from 1994 to 2004, Scalia and Thomas had an 86.7% voting alignment, the highest on the Court,
followed by Ginsburg and Souter (85.6%).
[96]
Scalia and Thomas's agreement rate peaked in 1996, at 97.7%.
[96]
By 2004, however, other pairs of justices were observed to be more closely aligned than Scalia and Thomas.
[97]
The conventional wisdom that Thomas's votes follow Antonin Scalia's is reflected by Linda Greenhouse's
observation that Thomas voted with Scalia 91 percent of the time during October Term 2006, and with Justice
John Paul Stevens the least, 36% of the time.
[98]
Statistics compiled annually by Tom Goldstein of SCOTUSblog
demonstrate that Greenhouse's count is methodology-specific, counting non-unanimous cases where Scalia and
Thomas voted for the same litigant, regardless of whether they got there by the same reasoning.
[99]
Goldstein's
statistics show that the two agreed in full only 74% of the time, and that the frequency of agreement between
Scalia and Thomas is not as outstanding as is often implied by pieces aimed at lay audiences. For example, in
that same term, Souter and Ginsburg voted together 81% of the time by the method of counting that yields a
74% agreement between Thomas and Scalia. By the metric that produces the 91% Scalia/Thomas figure,
Ginsburg and Breyer agreed 90% of the time. Roberts and Alito agreed 94% of the time.
[100]
Legal correspondent Jan Crawford Greenburg wrote in her book on the Supreme Court that Thomas's forceful
views moved moderates like Sandra Day O'Connor further to the left, but frequently attracted votes from
Rehnquist and Scalia.
[101]
Mark Tushnet and Jeffrey Toobin both observe that Rehnquist rarely assigned
important majority opinions to Thomas, because the latter's views made it difficult for him to persuade a majority
of justices to join him.
[102]
Number of dissenting opinions
From 1994 to 2004, on average, Thomas was the third most frequent dissenter on the Court, behind Stevens and
Scalia.
[96]
Four other justices dissented as frequently in 2007.
[103]
Three other justices dissented as frequently in
2006.
[104]
One other justice dissented as frequently in 2005.
[105]
Stare decisis
See also: Stare decisis in the U.S. legal system
According to law professor Michael J. Gerhardt, Thomas has supported leaving a broad spectrum of
constitutional decisions intact.
[106]
Thomas supports statutory stare decisis.
[107]
During his confirmation
hearings Thomas said: "[S]tare decisis provides continuity to our system, it provides predictability, and in our
process of case-by-case decision making, I think it is a very important and critical concept."
[108]
Among the
thirteen justices who served on the Rehnquist Court, Thomas ranked eleventh for the number of votes he cast
overturning precedent (without accounting for length of Court service).
[109]
However, on a frequency basis, he
urged overruling and joined in overruling precedents more frequently than any other justice.
[109]
According to Scalia, Thomas is more willing to overrule constitutional cases: "If a constitutional line of authority
is wrong, he would say let's get it right. I wouldn't do that."
[110]
Thomas's belief in originalism is strong; he has
said, "When faced with a clash of constitutional principle and a line of unreasoned cases wholly divorced from
the text, history, and structure of our founding document, we should not hesitate to resolve the tension in favor
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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of the Constitution's original meaning."
[111]
Thomas believes that an erroneous decision can and should be
overturned, no matter how old it is.
[111]
Commerce Clause
Thomas has consistently supported narrowing the Court's interpretation of the Constitution's Interstate
Commerce Clause (which is often simply called the "Commerce Clause") to limit federal power. At the same
time, Thomas has broadly interpreted states' sovereign immunity from lawsuits under the Commerce Clause.
[112]
In United States v. Lopez and United States v. Morrison, the Court held that Congress lacked power under the
Commerce Clause to regulate non-commercial activities. In these cases, Thomas wrote a separate concurring
opinion arguing for the original meaning of the Commerce Clause. Subsequently, in Gonzales v. Raich, the Court
interpreted the Interstate Commerce Clause combined with the Necessary and Proper Clause to empower the
federal government to arrest, prosecute, and imprison patients who used marijuana grown at home for medicinal
purposes. Thomas dissented in Raich, again arguing for the original meaning of the Commerce Clause.
Thomas and Scalia have rejected the notion of a Dormant Commerce Clause, also known as the "Negative
Commerce Clause". That doctrine bars state commercial regulation even if Congress has not yet acted on the
matter.
[113]
In Lopez, Thomas expressed his view that federal regulation of either manufacturing or agriculture is
unconstitutional; he sees both as outside the scope of the Commerce Clause.
[114][115]
He believes federal
legislators have overextended the Commerce Clause, while some of his critics argue that Thomas's position on
Congressional authority would invalidate much of the contemporary work of the federal government.
[115]
According to Thomas, it is not the Court's job to update the Constitution. Proponents of broad national power
such as Professor Michael Dorf deny that they are trying to update the Constitution. Instead, they argue that
they are merely addressing a set of economic facts that did not exist when the Constitution was framed.
[116]
Federalism
Federalism was a central part of the Rehnquist Court's constitutional agenda.
[117]
Thomas consistently voted for
outcomes that promoted state-governmental authority, in cases involving federalism-based limits on Congress's
enumerated powers.
[117]
According to law professor Ann Althouse, the Court has yet to move toward "the
broader, more principled version of federalism propounded by Justice Thomas."
[118]
In Foucha v. Louisiana, Thomas dissented from the majority opinion that required the removal from a mental
institution of a prisoner who had become sane.
[119]
The Court held that a Louisiana statute violated the Due
Process Clause "because it allows an insanity acquittee to be committed to a mental institution until he is able to
demonstrate that he is not dangerous to himself and others, even though he does not suffer from any mental
illness."
[120]
Dissenting, Thomas cast the issue as a matter of federalism.
[119]
"Removing sane insanity
acquittees from mental institutions may make eminent sense as a policy matter," he concluded, "but the Due
Process Clause does not require the States to conform to the policy preferences of federal judges."
[120]
Privileges, immunities, and firearms
Thomas agreed with the judgment in McDonald v. Chicago (2010) that the right to keep and bear arms is
applicable to state and local governments, but Thomas wrote a separate concurrence finding that an individual's
right to bear arms is fundamental as a privilege of American citizenship under the Privileges or Immunities
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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[111]
Thomas believes that an erroneous decision can and should be
overturned, no matter how old it is.
[111]
Commerce Clause
Thomas has consistently supported narrowing the Court's interpretation of the Constitution's Interstate
Commerce Clause (which is often simply called the "Commerce Clause") to limit federal power. At the same
time, Thomas has broadly interpreted states' sovereign immunity from lawsuits under the Commerce Clause.
[112]
In United States v. Lopez and United States v. Morrison, the Court held that Congress lacked power under the
Commerce Clause to regulate non-commercial activities. In these cases, Thomas wrote a separate concurring
opinion arguing for the original meaning of the Commerce Clause. Subsequently, in Gonzales v. Raich, the Court
interpreted the Interstate Commerce Clause combined with the Necessary and Proper Clause to empower the
federal government to arrest, prosecute, and imprison patients who used marijuana grown at home for medicinal
purposes. Thomas dissented in Raich, again arguing for the original meaning of the Commerce Clause.
Thomas and Scalia have rejected the notion of a Dormant Commerce Clause, also known as the "Negative
Commerce Clause". That doctrine bars state commercial regulation even if Congress has not yet acted on the
matter.
[113]
In Lopez, Thomas expressed his view that federal regulation of either manufacturing or agriculture is
unconstitutional; he sees both as outside the scope of the Commerce Clause.
[114][115]
He believes federal
legislators have overextended the Commerce Clause, while some of his critics argue that Thomas's position on
Congressional authority would invalidate much of the contemporary work of the federal government.
[115]
According to Thomas, it is not the Court's job to update the Constitution. Proponents of broad national power
such as Professor Michael Dorf deny that they are trying to update the Constitution. Instead, they argue that
they are merely addressing a set of economic facts that did not exist when the Constitution was framed.
[116]
Federalism
Federalism was a central part of the Rehnquist Court's constitutional agenda.
[117]
Thomas consistently voted for
outcomes that promoted state-governmental authority, in cases involving federalism-based limits on Congress's
enumerated powers.
[117]
According to law professor Ann Althouse, the Court has yet to move toward "the
broader, more principled version of federalism propounded by Justice Thomas."
[118]
In Foucha v. Louisiana, Thomas dissented from the majority opinion that required the removal from a mental
institution of a prisoner who had become sane.
[119]
The Court held that a Louisiana statute violated the Due
Process Clause "because it allows an insanity acquittee to be committed to a mental institution until he is able to
demonstrate that he is not dangerous to himself and others, even though he does not suffer from any mental
illness."
[120]
Dissenting, Thomas cast the issue as a matter of federalism.
[119]
"Removing sane insanity
acquittees from mental institutions may make eminent sense as a policy matter," he concluded, "but the Due
Process Clause does not require the States to conform to the policy preferences of federal judges."
[120]
Privileges, immunities, and firearms
Thomas agreed with the judgment in McDonald v. Chicago (2010) that the right to keep and bear arms is
applicable to state and local governments, but Thomas wrote a separate concurrence finding that an individual's
right to bear arms is fundamental as a privilege of American citizenship under the Privileges or Immunities
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Clause rather than as a fundamental right under the due process clause. The four justices in the plurality opinion
specifically rejected incorporation under the privileges or immunities clause, "declin[ing] to disturb" the holding
in the Slaughter-House Cases, which, according to the plurality, had held that the clause applied only to federal
matters.
[121][122]
Executive power
Thomas has argued that the executive branch has broad authority under the Constitution and federal statutes. In
Hamdi v. Rumsfeld, he was the only justice who agreed with the Fourth Circuit that Congress had power to
authorize the President's detention of US citizens who are enemy combatants. Thomas granted the federal
government the "strongest presumptions" and said "due process requires nothing more than a good-faith
executive determination" to justify the imprisonment of Hamdi, a US citizen.
[123]
Thomas also was one of three justices who dissented in Hamdan v. Rumsfeld, which held that the military
commissions set up by the Bush administration to try detainees at Guantanamo Bay required explicit
congressional authorization, and held that the commissions conflicted with both the Uniform Code of Military
Justice (UCMJ) and "at least" Common Article 3 of the Geneva Convention.
[124]
Thomas argued that Hamdan
was an illegal combatant and therefore not protected by the Geneva Convention, and he agreed with Justice
Scalia that the Court was "patently erroneous" in its declaration of jurisdiction in this case.
Free speech
Among the nine justices, Thomas was the second most likely to uphold free speech claims (tied with David
Souter), as of 2002.
[125]
He has voted in favor of First Amendment claims in cases involving a wide variety of
issues, including pornography, campaign contributions, political leafleting, religious speech, and commercial
speech.
On occasion, however, he has disagreed with free speech claimants. For example, he dissented in Virginia v.
Black, a case that struck down a Virginia statute that banned cross burning. Concurring in Morse v. Frederick,
he argued that students' free speech rights in public schools are limited.
[126]
Thomas authored the decision in ACLU v. Ashcroft, which held that the Child Online Protection Act might (or
might not) be constitutional. The government was enjoined from enforcing it, pending further proceedings in the
lower courts.
[127]
Thomas wrote a concurrence in McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995).
[128]
Fourth Amendment
In cases regarding the Fourth Amendment, which prohibits unreasonable searches and seizures, Thomas often
favors police over defendants. For example, his opinion for the Court in Board of Education v. Earls upheld
drug testing for students involved in extracurricular activities, and he wrote again for the Court in Samson v.
California, permitting random searches on parolees. He dissented in the case Georgia v. Randolph, which
prohibited warrantless searches that one resident approves and the other opposes, arguing that the case was
controlled by the Court's decision in Coolidge v. New Hampshire. In Indianapolis v. Edmond, Thomas described
the Court's extant case law as having held that "suspicionless roadblock seizures are constitutionally permissible
if conducted according to a plan that limits the discretion of the officers conducting the stops." Although he
expressed doubt that those cases were correctly decided, he concluded that since the litigants in the case at bar
had not briefed or argued that the earlier cases be overruled, he believed that the Court should assume their
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specifically rejected incorporation under the privileges or immunities clause, "declin[ing] to disturb" the holding
in the Slaughter-House Cases, which, according to the plurality, had held that the clause applied only to federal
matters.
[121][122]
Executive power
Thomas has argued that the executive branch has broad authority under the Constitution and federal statutes. In
Hamdi v. Rumsfeld, he was the only justice who agreed with the Fourth Circuit that Congress had power to
authorize the President's detention of US citizens who are enemy combatants. Thomas granted the federal
government the "strongest presumptions" and said "due process requires nothing more than a good-faith
executive determination" to justify the imprisonment of Hamdi, a US citizen.
[123]
Thomas also was one of three justices who dissented in Hamdan v. Rumsfeld, which held that the military
commissions set up by the Bush administration to try detainees at Guantanamo Bay required explicit
congressional authorization, and held that the commissions conflicted with both the Uniform Code of Military
Justice (UCMJ) and "at least" Common Article 3 of the Geneva Convention.
[124]
Thomas argued that Hamdan
was an illegal combatant and therefore not protected by the Geneva Convention, and he agreed with Justice
Scalia that the Court was "patently erroneous" in its declaration of jurisdiction in this case.
Free speech
Among the nine justices, Thomas was the second most likely to uphold free speech claims (tied with David
Souter), as of 2002.
[125]
He has voted in favor of First Amendment claims in cases involving a wide variety of
issues, including pornography, campaign contributions, political leafleting, religious speech, and commercial
speech.
On occasion, however, he has disagreed with free speech claimants. For example, he dissented in Virginia v.
Black, a case that struck down a Virginia statute that banned cross burning. Concurring in Morse v. Frederick,
he argued that students' free speech rights in public schools are limited.
[126]
Thomas authored the decision in ACLU v. Ashcroft, which held that the Child Online Protection Act might (or
might not) be constitutional. The government was enjoined from enforcing it, pending further proceedings in the
lower courts.
[127]
Thomas wrote a concurrence in McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995).
[128]
Fourth Amendment
In cases regarding the Fourth Amendment, which prohibits unreasonable searches and seizures, Thomas often
favors police over defendants. For example, his opinion for the Court in Board of Education v. Earls upheld
drug testing for students involved in extracurricular activities, and he wrote again for the Court in Samson v.
California, permitting random searches on parolees. He dissented in the case Georgia v. Randolph, which
prohibited warrantless searches that one resident approves and the other opposes, arguing that the case was
controlled by the Court's decision in Coolidge v. New Hampshire. In Indianapolis v. Edmond, Thomas described
the Court's extant case law as having held that "suspicionless roadblock seizures are constitutionally permissible
if conducted according to a plan that limits the discretion of the officers conducting the stops." Although he
expressed doubt that those cases were correctly decided, he concluded that since the litigants in the case at bar
had not briefed or argued that the earlier cases be overruled, he believed that the Court should assume their
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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validity and rule accordingly.
[129]
There are counterexamples, however: he was in the majority in Kyllo v.
United States, which held that the use of thermal imaging technology to probe a suspect's home, without a
warrant, violated the Fourth Amendment.
In cases involving schools, Thomas has advocated greater respect for the doctrine of in loco parentis, which he
defines as "parents delegat[ing] to teachers their authority to discipline and maintain order."
[130]
His dissent in
Safford Unified School District v. Redding illustrates his application of this postulate in the Fourth Amendment
context. School officials in the Safford case had a reasonable suspicion that 13-year-old Savana Redding was
illegally distributing prescription-only drugs. All the justices concurred that it was therefore reasonable for the
school officials to search Redding, and the main issue before the Court was only whether the search went too far
by becoming a strip search or the like.
[130]
All justices but Thomas concluded that this search violated the Fourth
Amendment. The majority required a finding of danger or reason to believe drugs were hidden in a student's
underwear in order to justify a strip search. In contrast, Thomas said, "It is a mistake for judges to assume the
responsibility for deciding which school rules are important enough to allow for invasive searches and which
rules are not"
[131]
and that "reasonable suspicion that Redding was in possession of drugs in violation of these
policies, therefore, justified a search extending to any area where small pills could be concealed." Thomas said,
"There can be no doubt that a parent would have had the authority to conduct the search."
[130]
Sixth Amendment
In Doggett v. United States, the defendant had technically been a fugitive from the time he was indicted in 1980
until his arrest in 1988. The Court held that the delay between indictment and arrest violated Doggett's Sixth
Amendment right to a speedy trial, finding that the government had been negligent in pursuing him and that he
was unaware of the indictment.
[132]
Thomas dissented, arguing that the purpose of the Speedy Trial Clause was
to prevent "'undue and oppressive incarceration' and the 'anxiety and concern accompanying public accusation'"
and that the case implicated neither.
[132]
He cast the case as instead "present[ing] the question [of] whether,
independent of these core concerns, the Speedy Trial Clause protects an accused from two additional harms: (1)
prejudice to his ability to defend himself caused by the passage of time; and (2) disruption of his life years after
the alleged commission of his crime." Thomas dissented from the Court's decision to, as he saw it, answer the
former in the affirmative.
[132]
Thomas wrote that dismissing the conviction "invites the Nation's judges to
indulge in ad hoc and result-driven second guessing of the government's investigatory efforts. Our Constitution
neither contemplates nor tolerates such a role."
[133]
Eighth Amendment and capital punishment
Thomas was among the dissenters in Atkins v. Virginia and Roper v. Simmons, which held that the Eighth
Amendment to the United States Constitution prohibits the application of the death penalty to certain classes of
persons. In Kansas v. Marsh, his opinion for the Court indicated a belief that the Constitution affords states
broad procedural latitude in imposing the death penalty, provided they remain within the limits of Furman v.
Georgia and Gregg v. Georgia, the 1976 case in which the Court had reversed its 1972 ban on death sentences
if states followed procedural guidelines.
In Hudson v. McMillian, a prisoner had been beaten, garnering a cracked lip, broken dental plate, loosened
teeth, and cuts and bruises. Although these were not "serious injuries", the Court believed, it held that "the use of
excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate
does not suffer serious injury."
[134]
Dissenting, Thomas wrote that, in his view, "a use of force that causes only
insignificant harm to a prisoner may be immoral, it may be tortious, it may be criminal, and it may even be
remediable under other provisions of the Federal Constitution, but it is not 'cruel and unusual punishment'. In
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[129]
There are counterexamples, however: he was in the majority in Kyllo v.
United States, which held that the use of thermal imaging technology to probe a suspect's home, without a
warrant, violated the Fourth Amendment.
In cases involving schools, Thomas has advocated greater respect for the doctrine of in loco parentis, which he
defines as "parents delegat[ing] to teachers their authority to discipline and maintain order."
[130]
His dissent in
Safford Unified School District v. Redding illustrates his application of this postulate in the Fourth Amendment
context. School officials in the Safford case had a reasonable suspicion that 13-year-old Savana Redding was
illegally distributing prescription-only drugs. All the justices concurred that it was therefore reasonable for the
school officials to search Redding, and the main issue before the Court was only whether the search went too far
by becoming a strip search or the like.
[130]
All justices but Thomas concluded that this search violated the Fourth
Amendment. The majority required a finding of danger or reason to believe drugs were hidden in a student's
underwear in order to justify a strip search. In contrast, Thomas said, "It is a mistake for judges to assume the
responsibility for deciding which school rules are important enough to allow for invasive searches and which
rules are not"
[131]
and that "reasonable suspicion that Redding was in possession of drugs in violation of these
policies, therefore, justified a search extending to any area where small pills could be concealed." Thomas said,
"There can be no doubt that a parent would have had the authority to conduct the search."
[130]
Sixth Amendment
In Doggett v. United States, the defendant had technically been a fugitive from the time he was indicted in 1980
until his arrest in 1988. The Court held that the delay between indictment and arrest violated Doggett's Sixth
Amendment right to a speedy trial, finding that the government had been negligent in pursuing him and that he
was unaware of the indictment.
[132]
Thomas dissented, arguing that the purpose of the Speedy Trial Clause was
to prevent "'undue and oppressive incarceration' and the 'anxiety and concern accompanying public accusation'"
and that the case implicated neither.
[132]
He cast the case as instead "present[ing] the question [of] whether,
independent of these core concerns, the Speedy Trial Clause protects an accused from two additional harms: (1)
prejudice to his ability to defend himself caused by the passage of time; and (2) disruption of his life years after
the alleged commission of his crime." Thomas dissented from the Court's decision to, as he saw it, answer the
former in the affirmative.
[132]
Thomas wrote that dismissing the conviction "invites the Nation's judges to
indulge in ad hoc and result-driven second guessing of the government's investigatory efforts. Our Constitution
neither contemplates nor tolerates such a role."
[133]
Eighth Amendment and capital punishment
Thomas was among the dissenters in Atkins v. Virginia and Roper v. Simmons, which held that the Eighth
Amendment to the United States Constitution prohibits the application of the death penalty to certain classes of
persons. In Kansas v. Marsh, his opinion for the Court indicated a belief that the Constitution affords states
broad procedural latitude in imposing the death penalty, provided they remain within the limits of Furman v.
Georgia and Gregg v. Georgia, the 1976 case in which the Court had reversed its 1972 ban on death sentences
if states followed procedural guidelines.
In Hudson v. McMillian, a prisoner had been beaten, garnering a cracked lip, broken dental plate, loosened
teeth, and cuts and bruises. Although these were not "serious injuries", the Court believed, it held that "the use of
excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate
does not suffer serious injury."
[134]
Dissenting, Thomas wrote that, in his view, "a use of force that causes only
insignificant harm to a prisoner may be immoral, it may be tortious, it may be criminal, and it may even be
remediable under other provisions of the Federal Constitution, but it is not 'cruel and unusual punishment'. In
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concluding to the contrary, the Court today goes far beyond our precedents."
[134]
Thomas's vote – in one of his
first cases after joining the Court – was an early example of his willingness to be the sole dissenter (Scalia later
joined the opinion).
[135]
Thomas's opinion was criticized by the 7-member majority of the Court, which wrote
that by comparing physical assault to other prison conditions such as poor prison food, Thomas's opinion ignored
"the concepts of dignity, civilized standards, humanity, and decency that animate the Eighth Amendment".
[134]
According to historian David Garrow, Thomas's dissent in Hudson was a "classic call for federal judicial
restraint, reminiscent of views that were held by Felix Frankfurter and John M. Harlan II a generation earlier, but
editorial criticism rained down on him".
[136]
Thomas would later respond to the accusation "that I supported the
beating of prisoners in that case. Well, one must either be illiterate or fraught with malice to reach that
conclusion ... no honest reading can reach such a conclusion."
[136]
In United States v. Bajakajian, Thomas joined with the Court's more liberal bloc to write the majority opinion
declaring a fine unconstitutional under the Eighth Amendment. The fine was for failing to declare over $300,000
in a suitcase on an international flight. Under a federal statute, 18 U.S.C. § 982 (http://www.law.cornell.edu
/uscode/18/982.html) (a)(1), the passenger would have had to forfeit the entire amount. Thomas noted that the
case required a distinction to be made between civil forfeiture and a fine exacted with the intention of punishing
the respondent. He found that the forfeiture in this case was clearly intended as a punishment at least in part,
was "grossly disproportional", and a violation of the Excessive Fines Clause.
[137]
Church and state
Law professor and former Thomas clerk John Yoo says Thomas supports allowing religious groups more
participation in public life.
[138]
Thomas says the Establishment Clause ("Congress shall make no law respecting
an establishment of religion") "is best understood as a federalism provision –- it protects state establishments
from federal interference but does not protect any individual right."
[139]
In Elk Grove Unified School District v. Newdow
[139]
and Cutter v. Wilkinson,
[140]
Thomas wrote that he
supported incorporation of the Free Exercise Clause, which he says "clearly protects an individual right." He said
that any law that would violate the Establishment Clause might also violate the Free Exercise Clause.
Thomas says "it makes little sense to incorporate the Establishment Clause" vis-à-vis the states by the
Fourteenth Amendment.
[139]
And in Cutter, he wrote: "The text and history of the Clause may well support the
view that the Clause is not incorporated against the States precisely because the Clause shielded state
establishments from congressional interference."
Equal protection and affirmative action
Thomas believes that the Equal Protection Clause of the Fourteenth Amendment forbids consideration of race,
such as race-based affirmative action or preferential treatment. In Adarand Constructors v. Peña, for example,
he wrote "there is a 'moral [and] constitutional equivalence' between laws designed to subjugate a race and those
that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot
make us equal; it can only recognize, respect, and protect us as equal before the law. That [affirmative action]programs may have been motivated, in part, by good intentions cannot provide refuge from the principle that
under our Constitution, the government may not make distinctions on the basis of race."
[141]
In Gratz v. Bollinger, Thomas said that, in his view, "a State's use of racial discrimination in higher education
admissions is categorically prohibited by the Equal Protection Clause."
[142]
In Parents Involved in Community
Schools v. Seattle School District No. 1, Thomas joined the opinion of Chief Justice Roberts, who concluded
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[134]
Thomas's vote – in one of his
first cases after joining the Court – was an early example of his willingness to be the sole dissenter (Scalia later
joined the opinion).
[135]
Thomas's opinion was criticized by the 7-member majority of the Court, which wrote
that by comparing physical assault to other prison conditions such as poor prison food, Thomas's opinion ignored
"the concepts of dignity, civilized standards, humanity, and decency that animate the Eighth Amendment".
[134]
According to historian David Garrow, Thomas's dissent in Hudson was a "classic call for federal judicial
restraint, reminiscent of views that were held by Felix Frankfurter and John M. Harlan II a generation earlier, but
editorial criticism rained down on him".
[136]
Thomas would later respond to the accusation "that I supported the
beating of prisoners in that case. Well, one must either be illiterate or fraught with malice to reach that
conclusion ... no honest reading can reach such a conclusion."
[136]
In United States v. Bajakajian, Thomas joined with the Court's more liberal bloc to write the majority opinion
declaring a fine unconstitutional under the Eighth Amendment. The fine was for failing to declare over $300,000
in a suitcase on an international flight. Under a federal statute, 18 U.S.C. § 982 (http://www.law.cornell.edu
/uscode/18/982.html) (a)(1), the passenger would have had to forfeit the entire amount. Thomas noted that the
case required a distinction to be made between civil forfeiture and a fine exacted with the intention of punishing
the respondent. He found that the forfeiture in this case was clearly intended as a punishment at least in part,
was "grossly disproportional", and a violation of the Excessive Fines Clause.
[137]
Church and state
Law professor and former Thomas clerk John Yoo says Thomas supports allowing religious groups more
participation in public life.
[138]
Thomas says the Establishment Clause ("Congress shall make no law respecting
an establishment of religion") "is best understood as a federalism provision –- it protects state establishments
from federal interference but does not protect any individual right."
[139]
In Elk Grove Unified School District v. Newdow
[139]
and Cutter v. Wilkinson,
[140]
Thomas wrote that he
supported incorporation of the Free Exercise Clause, which he says "clearly protects an individual right." He said
that any law that would violate the Establishment Clause might also violate the Free Exercise Clause.
Thomas says "it makes little sense to incorporate the Establishment Clause" vis-à-vis the states by the
Fourteenth Amendment.
[139]
And in Cutter, he wrote: "The text and history of the Clause may well support the
view that the Clause is not incorporated against the States precisely because the Clause shielded state
establishments from congressional interference."
Equal protection and affirmative action
Thomas believes that the Equal Protection Clause of the Fourteenth Amendment forbids consideration of race,
such as race-based affirmative action or preferential treatment. In Adarand Constructors v. Peña, for example,
he wrote "there is a 'moral [and] constitutional equivalence' between laws designed to subjugate a race and those
that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot
make us equal; it can only recognize, respect, and protect us as equal before the law. That [affirmative action]programs may have been motivated, in part, by good intentions cannot provide refuge from the principle that
under our Constitution, the government may not make distinctions on the basis of race."
[141]
In Gratz v. Bollinger, Thomas said that, in his view, "a State's use of racial discrimination in higher education
admissions is categorically prohibited by the Equal Protection Clause."
[142]
In Parents Involved in Community
Schools v. Seattle School District No. 1, Thomas joined the opinion of Chief Justice Roberts, who concluded
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that "[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
[143]
Concurring, Thomas wrote that "if our history has taught us anything, it has taught us to beware of elites bearing
racial theories," and charged that the dissent carried "similarities" to the arguments of the segregationist litigants
in Brown v. Board of Education.
[143]
In Grutter v. Bollinger, he approvingly quoted Justice Harlan's Plessy v.
Ferguson dissent: "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens."
[144]
Abortion
Thomas has contended that the constitution does not address the issue of abortion.
[138]
In Planned Parenthood
v. Casey (1992), the Court reaffirmed Roe v. Wade. Thomas along with Justice Byron White joined the
dissenting opinions of Chief Justice William Rehnquist and Justice Antonin Scalia. Rehnquist wrote that "[w]e
believe Roe was wrongly decided, and that it can and should be overruled consistently with our traditional
approach to stare decisis in constitutional cases."
[145]
Scalia's opinion concluded that the right to obtain an
abortion is not "a liberty protected by the Constitution of the United States."
[145]
"[T]he Constitution says
absolutely nothing about it," Scalia wrote, "and [ ] the longstanding traditions of American society have
permitted it to be legally proscribed."
[145]
In Stenberg v. Carhart (2000), the Court struck down a state ban on partial-birth abortion, concluding that it
failed the "undue burden" test established in Casey. Thomas dissented, writing: "Although a State may permit
abortion, nothing in the Constitution dictates that a State must do so."
[146]
He went on to criticize the reasoning
of the Casey and Stenberg majorities: "The majority's insistence on a health exception is a fig leaf barely
covering its hostility to any abortion regulation by the States – a hostility that Casey purported to reject."
In Gonzales v. Carhart (2007), the Court rejected a facial challenge to a federal ban on partial-birth
abortion.
[147]
Concurring, Thomas asserted that the Court's abortion jurisprudence had no basis in the
Constitution, but that the Court had accurately applied that jurisprudence in rejecting the challenge.
[147]
Thomas
added that the Court was not deciding the question of whether Congress had the power to outlaw partial birth
abortions: [W]hether the Act constitutes a permissible exercise of Congress' power under the Commerce Clause
is not before the Court [in this case] ... the parties did not raise or brief that issue; it is outside the question
presented; and the lower courts did not address it."
[147]
Gay rights
In Lawrence v. Texas (2003), Thomas issued a one-page dissent where he called the Texas anti-gay sodomy
statute "uncommonly silly." He then said that if he were a member of the Texas legislature he would vote to
repeal the law. Since he was not a member of the state legislature, but instead a federal judge, and the Due
Process Clause did not (in his view) touch on the subject, he could not vote to strike it down. Accordingly,
Thomas saw the issue as a matter for the states to decide for themselves.
[148]
In Romer v. Evans (1996), Thomas joined Scalia's dissenting opinion arguing that Amendment 2 to the Colorado
State Constitution did not violate the Equal Protection Clause of the Fourteenth Amendment to the U. S.
Constitution. The Colorado amendment forbade any judicial, legislative, or executive action designed to protect
persons from discrimination based on "homosexual, lesbian, or bisexual orientation, conduct, practices or
relationships."
[149]
Judicial review
Thomas is the justice most willing to exercise judicial review of federal laws. According to a New York Times
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[143]
Concurring, Thomas wrote that "if our history has taught us anything, it has taught us to beware of elites bearing
racial theories," and charged that the dissent carried "similarities" to the arguments of the segregationist litigants
in Brown v. Board of Education.
[143]
In Grutter v. Bollinger, he approvingly quoted Justice Harlan's Plessy v.
Ferguson dissent: "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens."
[144]
Abortion
Thomas has contended that the constitution does not address the issue of abortion.
[138]
In Planned Parenthood
v. Casey (1992), the Court reaffirmed Roe v. Wade. Thomas along with Justice Byron White joined the
dissenting opinions of Chief Justice William Rehnquist and Justice Antonin Scalia. Rehnquist wrote that "[w]e
believe Roe was wrongly decided, and that it can and should be overruled consistently with our traditional
approach to stare decisis in constitutional cases."
[145]
Scalia's opinion concluded that the right to obtain an
abortion is not "a liberty protected by the Constitution of the United States."
[145]
"[T]he Constitution says
absolutely nothing about it," Scalia wrote, "and [ ] the longstanding traditions of American society have
permitted it to be legally proscribed."
[145]
In Stenberg v. Carhart (2000), the Court struck down a state ban on partial-birth abortion, concluding that it
failed the "undue burden" test established in Casey. Thomas dissented, writing: "Although a State may permit
abortion, nothing in the Constitution dictates that a State must do so."
[146]
He went on to criticize the reasoning
of the Casey and Stenberg majorities: "The majority's insistence on a health exception is a fig leaf barely
covering its hostility to any abortion regulation by the States – a hostility that Casey purported to reject."
In Gonzales v. Carhart (2007), the Court rejected a facial challenge to a federal ban on partial-birth
abortion.
[147]
Concurring, Thomas asserted that the Court's abortion jurisprudence had no basis in the
Constitution, but that the Court had accurately applied that jurisprudence in rejecting the challenge.
[147]
Thomas
added that the Court was not deciding the question of whether Congress had the power to outlaw partial birth
abortions: [W]hether the Act constitutes a permissible exercise of Congress' power under the Commerce Clause
is not before the Court [in this case] ... the parties did not raise or brief that issue; it is outside the question
presented; and the lower courts did not address it."
[147]
Gay rights
In Lawrence v. Texas (2003), Thomas issued a one-page dissent where he called the Texas anti-gay sodomy
statute "uncommonly silly." He then said that if he were a member of the Texas legislature he would vote to
repeal the law. Since he was not a member of the state legislature, but instead a federal judge, and the Due
Process Clause did not (in his view) touch on the subject, he could not vote to strike it down. Accordingly,
Thomas saw the issue as a matter for the states to decide for themselves.
[148]
In Romer v. Evans (1996), Thomas joined Scalia's dissenting opinion arguing that Amendment 2 to the Colorado
State Constitution did not violate the Equal Protection Clause of the Fourteenth Amendment to the U. S.
Constitution. The Colorado amendment forbade any judicial, legislative, or executive action designed to protect
persons from discrimination based on "homosexual, lesbian, or bisexual orientation, conduct, practices or
relationships."
[149]
Judicial review
Thomas is the justice most willing to exercise judicial review of federal laws. According to a New York Times
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editorial, "from 1994 to 2005 ... Justice Thomas voted to overturn federal laws in 34 cases and Justice Scalia in
31, compared with just 15 for Justice Stephen Breyer."
[150]
In 2009's Northwest Austin Municipal Utility District No. 1 v. Holder, Thomas was the sole dissenter, voting in
favor of throwing out Section 5 of the 1965 Voting Rights Act. Section 5 requires states with a history of racial
voter discrimination—mostly states from the old South—to get Justice Department clearance when revising
election procedures. Though Congress had reauthorized Section 5 in 2006 for another 25 years, Thomas said the
law was no longer necessary, pointing out that the rate of black voting in seven Section 5 states was higher than
the national average. Thomas said "the violence, intimidation and subterfuge that led Congress to pass Section 5
and this court to uphold it no longer remains."
[151]
Thomas is well known for his reticence during oral argument. As of February 12, 2011, he had not asked a
question from the bench in almost 5 years.
[152]
He has given many reasons for his silence, including
self-consciousness about how he speaks, a preference for listening to those arguing the case, and difficulty
getting in a word.
[152]
In 2000, he told a group of high school students that "if you wait long enough, someone
will ask your question."
[153]
In November 2007, he told an audience at Hillsdale College: "My colleagues should
shut up!" He later explained, "I don't think that for judging, and for what we are doing, all those questions are
necessary."
[154]
Thomas's speaking and listening habits may have also been influenced by his Gullah upbringing,
during which time his English was relatively unpolished.
[4][10][155]
Thomas is not the first quiet justice. In the 1970s and 1980s, William J. Brennan, Thurgood Marshall, and Harry
Blackmun were likewise generally quiet.
[156][157]
However, Thomas's silence stood out in the 1990s as the other
eight justices engaged in active questioning.
[157]
In 1971, Thomas married college sweetheart Kathy Grace Ambush. They had one child, Jamal Adeen. In 1981 they separated and in 1984 divorced.
[21][158]
In 1987, Thomas married Virginia Lamp, a lobbyist and aide to
Republican Congressman Dick Armey.
[159]
In 1997, they took in Thomas's then six-year-old great nephew,
Mark Martin, Jr.,
[160]
who had lived with his mother in Savannah public housing.
[161]
Thomas's wife remained active in conservative politics, serving as a consultant to the Heritage Foundation, a
conservative think tank, and as founder and president of Liberty Central, an advocacy group associated with the
Tea Party movement.
[162]
As of 2011, Thomas's wife stepped down from Liberty Central to open a conservative
lobbying firm touting her "experience and connections", meeting with newly elected Republican congressmen,
and describing herself as an "ambassador to the tea party".
[163][164]
Thomas was reconciled to the Catholic Church in the mid-1990s. He remains a practicing Catholic.
[165]
In his
2007 autobiography, he criticized the Church for its failure to grapple with racism in the 1960s during the Civil
Rights Movement, saying it was not as "adamant about ending racism then as it is about ending abortion
now".
[81]
Thomas is one of thirteen Catholic justices—out of 110 justices total—in the history of the Supreme
Court, and one of six currently on the Court.
[166]
Thomas has a reputation as an affable, good-humored man who is extremely personally popular with his friends
and colleagues. According to writer Jeffrey Toobin, "Fellow justices, law clerks, police officers, cafeteria
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31, compared with just 15 for Justice Stephen Breyer."
[150]
In 2009's Northwest Austin Municipal Utility District No. 1 v. Holder, Thomas was the sole dissenter, voting in
favor of throwing out Section 5 of the 1965 Voting Rights Act. Section 5 requires states with a history of racial
voter discrimination—mostly states from the old South—to get Justice Department clearance when revising
election procedures. Though Congress had reauthorized Section 5 in 2006 for another 25 years, Thomas said the
law was no longer necessary, pointing out that the rate of black voting in seven Section 5 states was higher than
the national average. Thomas said "the violence, intimidation and subterfuge that led Congress to pass Section 5
and this court to uphold it no longer remains."
[151]
Thomas is well known for his reticence during oral argument. As of February 12, 2011, he had not asked a
question from the bench in almost 5 years.
[152]
He has given many reasons for his silence, including
self-consciousness about how he speaks, a preference for listening to those arguing the case, and difficulty
getting in a word.
[152]
In 2000, he told a group of high school students that "if you wait long enough, someone
will ask your question."
[153]
In November 2007, he told an audience at Hillsdale College: "My colleagues should
shut up!" He later explained, "I don't think that for judging, and for what we are doing, all those questions are
necessary."
[154]
Thomas's speaking and listening habits may have also been influenced by his Gullah upbringing,
during which time his English was relatively unpolished.
[4][10][155]
Thomas is not the first quiet justice. In the 1970s and 1980s, William J. Brennan, Thurgood Marshall, and Harry
Blackmun were likewise generally quiet.
[156][157]
However, Thomas's silence stood out in the 1990s as the other
eight justices engaged in active questioning.
[157]
In 1971, Thomas married college sweetheart Kathy Grace Ambush. They had one child, Jamal Adeen. In 1981 they separated and in 1984 divorced.
[21][158]
In 1987, Thomas married Virginia Lamp, a lobbyist and aide to
Republican Congressman Dick Armey.
[159]
In 1997, they took in Thomas's then six-year-old great nephew,
Mark Martin, Jr.,
[160]
who had lived with his mother in Savannah public housing.
[161]
Thomas's wife remained active in conservative politics, serving as a consultant to the Heritage Foundation, a
conservative think tank, and as founder and president of Liberty Central, an advocacy group associated with the
Tea Party movement.
[162]
As of 2011, Thomas's wife stepped down from Liberty Central to open a conservative
lobbying firm touting her "experience and connections", meeting with newly elected Republican congressmen,
and describing herself as an "ambassador to the tea party".
[163][164]
Thomas was reconciled to the Catholic Church in the mid-1990s. He remains a practicing Catholic.
[165]
In his
2007 autobiography, he criticized the Church for its failure to grapple with racism in the 1960s during the Civil
Rights Movement, saying it was not as "adamant about ending racism then as it is about ending abortion
now".
[81]
Thomas is one of thirteen Catholic justices—out of 110 justices total—in the history of the Supreme
Court, and one of six currently on the Court.
[166]
Thomas has a reputation as an affable, good-humored man who is extremely personally popular with his friends
and colleagues. According to writer Jeffrey Toobin, "Fellow justices, law clerks, police officers, cafeteria
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
14 of 27 12/23/2011 8:10 P
M
workers, janitors – all basked in Thomas's effusive good nature. His rolling basso laughter frequently pierced the
silence of the Court's hushed corridors."
[167]
He is particularly close to fellow justice (and ideological opponent)
Stephen Breyer, and the two are frequently seen at the Court's oral arguments whispering, laughing, and passing
notes.
[168][169]
In January 2011, the liberal advocacy group Common Cause reported that between 2003 and 2007 Thomas
failed to disclose $686,589 in income earned by his wife from the Heritage Foundation, instead reporting "none"
where "spousal noninvestment income" would be reported on his Supreme Court financial disclosure forms.
[170]
The following week, Thomas stated that the disclosure of his wife's income had been "inadvertently omitted due
to a misunderstanding of the filing instructions".
[171]
Thomas amended reports going back to 1989.
[172]
Thomas, Clarence (2007). My Grandfather's Son: A Memoir. Harper. ISBN 0-06-056555-1.
Thomas, Clarence. "Why Federalism Matters," Drake Law Review, Volume 48, Issue 2, page 234
(2000).
List of Justices of the Supreme Court of the United States
List of law clerks of the Supreme Court of the United States
List of U.S. Supreme Court Justices by
time in office
United States Supreme Court cases during
the Rehnquist Court
United States Supreme Court cases during the Roberts Court
Notes
^ Senior Republicans believed that Thomas was indeed well-qualified, but that the ABA would not support him
because in their mind, the ABA had been politicized. The White House attempted to preemptively discredit the
ABA as partisan, and Republican Senators threatened to bar the ABA from future participation if it gave Thomas
anything less than a "qualified" rating.
1.
Citations
^ Clarence Thomas bio
(http://www.nndb.com/people
/906/000024834/) from Notable
Names Database
1.
^
a
b
c
d
e
Oyez, The Oyez
Project Supreme Court media,
Clarence Thomas biography
(http://web.archive.org
/web/20030513064005/http:
//www.oyez.org/oyez/resource
/legal_entity/106/biography)
2.
(2003).
^
a
b
Brady, Diane (March 12,
2007). "The Holy Cross
Fraternity"
(http://www.businessweek.com
/magazine/content/07_11
/b4025079.htm) .
BusinessWeek.
http://www.businessweek.com
/magazine/content/07_11
/b4025079.htm. Retrieved
3.
October 19, 2008.
^
a
b
"In His Own Words:
Justice Clarence Thomas"
(http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html) , New York
Times, Dec 14, 2000, accessed
Mar 25, 2010
4.
^ Foskett 2004, pp. 22–23.5.
^
a
b
c
Merida, Kevin; Fletcher,
Michael A. (August 4, 2002).
6.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
15 of 27 12/23/2011 8:10 P
M
silence of the Court's hushed corridors."
[167]
He is particularly close to fellow justice (and ideological opponent)
Stephen Breyer, and the two are frequently seen at the Court's oral arguments whispering, laughing, and passing
notes.
[168][169]
In January 2011, the liberal advocacy group Common Cause reported that between 2003 and 2007 Thomas
failed to disclose $686,589 in income earned by his wife from the Heritage Foundation, instead reporting "none"
where "spousal noninvestment income" would be reported on his Supreme Court financial disclosure forms.
[170]
The following week, Thomas stated that the disclosure of his wife's income had been "inadvertently omitted due
to a misunderstanding of the filing instructions".
[171]
Thomas amended reports going back to 1989.
[172]
Thomas, Clarence (2007). My Grandfather's Son: A Memoir. Harper. ISBN 0-06-056555-1.
Thomas, Clarence. "Why Federalism Matters," Drake Law Review, Volume 48, Issue 2, page 234
(2000).
List of Justices of the Supreme Court of the United States
List of law clerks of the Supreme Court of the United States
List of U.S. Supreme Court Justices by
time in office
United States Supreme Court cases during
the Rehnquist Court
United States Supreme Court cases during the Roberts Court
Notes
^ Senior Republicans believed that Thomas was indeed well-qualified, but that the ABA would not support him
because in their mind, the ABA had been politicized. The White House attempted to preemptively discredit the
ABA as partisan, and Republican Senators threatened to bar the ABA from future participation if it gave Thomas
anything less than a "qualified" rating.
1.
Citations
^ Clarence Thomas bio
(http://www.nndb.com/people
/906/000024834/) from Notable
Names Database
1.
^
a
b
c
d
e
Oyez, The Oyez
Project Supreme Court media,
Clarence Thomas biography
(http://web.archive.org
/web/20030513064005/http:
//www.oyez.org/oyez/resource
/legal_entity/106/biography)
2.
(2003).
^
a
b
Brady, Diane (March 12,
2007). "The Holy Cross
Fraternity"
(http://www.businessweek.com
/magazine/content/07_11
/b4025079.htm) .
BusinessWeek.
http://www.businessweek.com
/magazine/content/07_11
/b4025079.htm. Retrieved
3.
October 19, 2008.
^
a
b
"In His Own Words:
Justice Clarence Thomas"
(http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html) , New York
Times, Dec 14, 2000, accessed
Mar 25, 2010
4.
^ Foskett 2004, pp. 22–23.5.
^
a
b
c
Merida, Kevin; Fletcher,
Michael A. (August 4, 2002).
6.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
15 of 27 12/23/2011 8:10 P
M
"Supreme Discomfort".
Washington Post Magazine:
pp. W08.
^
a
b
c
d
e
Dolin, Monica
(October 3, 2007). "Anger Still
Fresh in Clarence Thomas's
Memoir" (http://abcnews.go.com
/TheLaw/Story?id=3682886&
page=1) . ABC News.
http://abcnews.go.com/TheLaw
/Story?id=3682886&page=1.
Retrieved October 19, 2008.
7.
^
a
b
c
d
Brady, Diane.
"Clarence Thomas Speaks Out"
(http://www.businessweek.com
/magazine/content/07_11
/b4025080.htm) , BusinessWeek
(March 12, 2007).
8.
^ Margolick, David (July 3,
1991). "Judge Portrayed as a
Product Of Ideals Clashing With
Life" (http://query.nytimes.com
/gst/fullpage.html?res=9D0CE4
DE143FF930A35754C0A96795
8260&sec=&spon=&
pagewanted=all) . New York
Times. http://query.nytimes.com
/gst/fullpage.html?res=9D0CE4
DE143FF930A35754C0A96795
8260&sec=&spon=&
pagewanted=all. Retrieved
October 19, 2008.
9.
^
a
b
c
Kantor, Jody; Gonzalez,
David (June 6, 2009). "For
Sotomayor and Thomas, Paths
Diverge at Race"
(http://www.nytimes.com
/2009/06/07/us/politics
/07affirm.html?pagewanted=all)
. New York Times.
http://www.nytimes.com
/2009/06/07/us/politics
/07affirm.html?pagewanted=all.
Retrieved April 5, 2010.
10.
^
a
b
"Clarence Thomas"
(http://supreme.lp.findlaw.com
/supreme_court/justices
/thomas.html) . FindLaw.
http://supreme.lp.findlaw.com
/supreme_court/justices
/thomas.html. Retrieved April 5,
2010.
11.
^ Weeks, Linton (February 21,
2007). "Ted Wells, Center Of
the Defense"
12.
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/02
/20/AR2007022001858_pf.html)
. The Washington Post.
http://www.washingtonpost.com
/wp-dyn/content/article/2007/02
/20/AR2007022001858_pf.html.
Retrieved October 19, 2008.
^ Simon, Martin (September 15,
1991). "Supreme Mystery"
(http://www.newsweek.com
/id/126939/) . Newsweek.
http://www.newsweek.com
/id/126939/. Retrieved
November 1, 2011.
13.
^
a
b
Kroft, Steve, (Sept. 30,
2007) Clarence Thomas: The
Justice Nobody Knows –
Supreme Court Justice Gives
First Television Interview To
(http://www.cbsnews.com
/stories/2007/09/27/60minutes
/main3305443_page5.shtml) 60
Minutes.
14.
^ "Talk Radio Online::Radio
Show"
(http://www.townhall.com
/TalkRadio
/Show.aspx?RadioShowID=3&
ContentGuid=8b54ead4-9c5c-
4dff-acba-aedc11a408db) .
Townhall.com.
http://www.townhall.com
/TalkRadio
/Show.aspx?RadioShowID=3&
ContentGuid=8b54ead4-9c5c-
4dff-acba-aedc11a408db.
Retrieved December 6, 2009.
15.
^ Lithwick, Dahlia. "From
Clarence Thomas to Palin"
(http://www.newsweek.com
/id/161228) (Opinion Column),
Newsweek (September 27,
2008).
16.
^ Thomas 2007, pp. 143-144.17.
^ Tumulty, Karen (July 7,
1991). "Court Path Started in
the Ashes: A fire launched
Clarence Thomas on a path
toward fierce personal drive-but
not before the Supreme Court
nominee journeyed through
anger, self-hatred, confusion and
doubt."
(http://articles.latimes.com/print
18.
/1991-07-07/news/mn-
3055_1_supreme-court) . Los
Angeles Times.
http://articles.latimes.com/print
/1991-07-07/news/mn-
3055_1_supreme-court.
Retrieved March 29, 2011.
^ Foskett, pp. 142–14319.
^ Bidinotto, Robert James,
Celebrity "Rand Fans" –
Clarence Thomas,,
(http://www.worldofatlasshrugge
d
/rb_celebrity_ayn_rand_fans_clar
The Atlas Society.
20.
^
a
b
Greenburg, Jan Crawford
(September 30, 2007).
"Clarence Thomas: A Silent
Justice Speaks Out: Part VII:
'Traitorous' Adversaries: Anita
Hill and the Senate Democrats"
(http://abcnews.go.com/TheLaw
/story?id=3665221&page=1) .
ABC News.
http://abcnews.go.com/TheLaw
/story?id=3665221&page=1.
Retrieved October 18, 2008.
21.
^ Kauffman, Bill (November
1987), "Clarence Thomas"
(http://reason.com/archives
/1987/11/01/clarence-thomas/2)
, Reason, p. 3. Retrieved April
29, 2010.
22.
^ Foskett 2004, p. 139.23.
^ Foskett 2004, p. 138.24.
^ Foskett 2004, pp. 139–140.25.
^ Foskett 2004, p. 147.26.
^ Foskett 2004, pp. 147, 149.27.
^ Foskett 2004, p. 149.28.
^ Thomas, Evan (July 15,
1991). "Where Does He Stand?"
(http://www.newsweek.com
/1991/07/14/where-does-he-
stand.html) . Newsweek.
http://www.newsweek.com
/1991/07/14/where-does-he-
stand.html. Retrieved April 20,
2009.
29.
^ Williams, Juan (October 25,
1984). "EEOC Chairman Blasts
Black Leaders"
(http://pqasb.pqarchiver.com
/washingtonpost_historical
/access
/125860002.html?dids=1258600
02:125860002&FMT=ABS&
30.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
16 of 27 12/23/2011 8:10 P
M
Washington Post Magazine:
pp. W08.
^
a
b
c
d
e
Dolin, Monica
(October 3, 2007). "Anger Still
Fresh in Clarence Thomas's
Memoir" (http://abcnews.go.com
/TheLaw/Story?id=3682886&
page=1) . ABC News.
http://abcnews.go.com/TheLaw
/Story?id=3682886&page=1.
Retrieved October 19, 2008.
7.
^
a
b
c
d
Brady, Diane.
"Clarence Thomas Speaks Out"
(http://www.businessweek.com
/magazine/content/07_11
/b4025080.htm) , BusinessWeek
(March 12, 2007).
8.
^ Margolick, David (July 3,
1991). "Judge Portrayed as a
Product Of Ideals Clashing With
Life" (http://query.nytimes.com
/gst/fullpage.html?res=9D0CE4
DE143FF930A35754C0A96795
8260&sec=&spon=&
pagewanted=all) . New York
Times. http://query.nytimes.com
/gst/fullpage.html?res=9D0CE4
DE143FF930A35754C0A96795
8260&sec=&spon=&
pagewanted=all. Retrieved
October 19, 2008.
9.
^
a
b
c
Kantor, Jody; Gonzalez,
David (June 6, 2009). "For
Sotomayor and Thomas, Paths
Diverge at Race"
(http://www.nytimes.com
/2009/06/07/us/politics
/07affirm.html?pagewanted=all)
. New York Times.
http://www.nytimes.com
/2009/06/07/us/politics
/07affirm.html?pagewanted=all.
Retrieved April 5, 2010.
10.
^
a
b
"Clarence Thomas"
(http://supreme.lp.findlaw.com
/supreme_court/justices
/thomas.html) . FindLaw.
http://supreme.lp.findlaw.com
/supreme_court/justices
/thomas.html. Retrieved April 5,
2010.
11.
^ Weeks, Linton (February 21,
2007). "Ted Wells, Center Of
the Defense"
12.
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/02
/20/AR2007022001858_pf.html)
. The Washington Post.
http://www.washingtonpost.com
/wp-dyn/content/article/2007/02
/20/AR2007022001858_pf.html.
Retrieved October 19, 2008.
^ Simon, Martin (September 15,
1991). "Supreme Mystery"
(http://www.newsweek.com
/id/126939/) . Newsweek.
http://www.newsweek.com
/id/126939/. Retrieved
November 1, 2011.
13.
^
a
b
Kroft, Steve, (Sept. 30,
2007) Clarence Thomas: The
Justice Nobody Knows –
Supreme Court Justice Gives
First Television Interview To
(http://www.cbsnews.com
/stories/2007/09/27/60minutes
/main3305443_page5.shtml) 60
Minutes.
14.
^ "Talk Radio Online::Radio
Show"
(http://www.townhall.com
/TalkRadio
/Show.aspx?RadioShowID=3&
ContentGuid=8b54ead4-9c5c-
4dff-acba-aedc11a408db) .
Townhall.com.
http://www.townhall.com
/TalkRadio
/Show.aspx?RadioShowID=3&
ContentGuid=8b54ead4-9c5c-
4dff-acba-aedc11a408db.
Retrieved December 6, 2009.
15.
^ Lithwick, Dahlia. "From
Clarence Thomas to Palin"
(http://www.newsweek.com
/id/161228) (Opinion Column),
Newsweek (September 27,
2008).
16.
^ Thomas 2007, pp. 143-144.17.
^ Tumulty, Karen (July 7,
1991). "Court Path Started in
the Ashes: A fire launched
Clarence Thomas on a path
toward fierce personal drive-but
not before the Supreme Court
nominee journeyed through
anger, self-hatred, confusion and
doubt."
(http://articles.latimes.com/print
18.
/1991-07-07/news/mn-
3055_1_supreme-court) . Los
Angeles Times.
http://articles.latimes.com/print
/1991-07-07/news/mn-
3055_1_supreme-court.
Retrieved March 29, 2011.
^ Foskett, pp. 142–14319.
^ Bidinotto, Robert James,
Celebrity "Rand Fans" –
Clarence Thomas,,
(http://www.worldofatlasshrugge
d
/rb_celebrity_ayn_rand_fans_clar
The Atlas Society.
20.
^
a
b
Greenburg, Jan Crawford
(September 30, 2007).
"Clarence Thomas: A Silent
Justice Speaks Out: Part VII:
'Traitorous' Adversaries: Anita
Hill and the Senate Democrats"
(http://abcnews.go.com/TheLaw
/story?id=3665221&page=1) .
ABC News.
http://abcnews.go.com/TheLaw
/story?id=3665221&page=1.
Retrieved October 18, 2008.
21.
^ Kauffman, Bill (November
1987), "Clarence Thomas"
(http://reason.com/archives
/1987/11/01/clarence-thomas/2)
, Reason, p. 3. Retrieved April
29, 2010.
22.
^ Foskett 2004, p. 139.23.
^ Foskett 2004, p. 138.24.
^ Foskett 2004, pp. 139–140.25.
^ Foskett 2004, p. 147.26.
^ Foskett 2004, pp. 147, 149.27.
^ Foskett 2004, p. 149.28.
^ Thomas, Evan (July 15,
1991). "Where Does He Stand?"
(http://www.newsweek.com
/1991/07/14/where-does-he-
stand.html) . Newsweek.
http://www.newsweek.com
/1991/07/14/where-does-he-
stand.html. Retrieved April 20,
2009.
29.
^ Williams, Juan (October 25,
1984). "EEOC Chairman Blasts
Black Leaders"
(http://pqasb.pqarchiver.com
/washingtonpost_historical
/access
/125860002.html?dids=1258600
02:125860002&FMT=ABS&
30.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
16 of 27 12/23/2011 8:10 P
M
FMTS=ABS:AI&
date=Oct+25%2C+1984&
author=By+Juan+Williams+Was
hington+Post+Staff+Writer&
pub=The+Washington+Post++
(1974-Current+file)&edition=&
startpage=A7&
desc=EEOC+Chairman+Blasts+
Black+Leaders) . The
Washington Post.
http://pqasb.pqarchiver.com
/washingtonpost_historical
/access
/125860002.html?dids=1258600
02:125860002&FMT=ABS&
FMTS=ABS:AI&
date=Oct+25%2C+1984&
author=By+Juan+Williams+Was
hington+Post+Staff+Writer&
pub=The+Washington+Post++
(1974-Current+file)&edition=&
startpage=A7&
desc=EEOC+Chairman+Blasts+
Black+Leaders. Retrieved April
20, 2009. "The chairman of the
Equal Employment Opportunity
Commission says that black
leaders are 'watching the
destruction of our race' as they
'bitch, bitch, bitch' about
President Reagan but fail to
work with the administration to
solve problems. Clarence
Thomas said in an interview
that, in his 3½ years on the job,
no major black leader has
sought his help in influencing the
Reagan administration. Black
spokesmen should be working
with the administration to solve
such problems as teen-age
pregnancy, unemployment or
illiteracy instead of working
against Reagan, Thomas said."
^
a
b
c
d
e
Greenburg, Jan
Crawford (September 30, 2007).
"Clarence Thomas: A Silent
Justice Speaks Out"
(http://abcnews.go.com/TheLaw
/story?id=3664944&page=1) .
ABC News.
http://abcnews.go.com/TheLaw
/story?id=3664944&page=1.
Retrieved October 18, 2008.
31.
^ The Library of Congress32.
Presidential Nominations
(http://thomas.loc.gov
/home/nomis.html) , Look up of
Nomination: PN838-101.
February 6, 1990 – Committee
on Judiciary, hearings held.
February 22, 1990 – Committee
on Judiciary, ordered to be
reported favorably, placed on
Senate Executive Calendar.
March 6, 1990 – floor action,
confirmed by the Senate by
voice vote.
^ Profile (http://www.fjc.gov
/servlet/nGetInfo?jid=2362) at
the
Biographical_Directory_of_Federal_Judges,
a Public domain publication of
the Federal Judicial Center.
Accessed November 1, 2011.
33.
^ Dowd, Maureen. "The
Supreme Court; Conservative
Black Judge, Clarence Thomas,
Is Named to Marshall's Court
Seat" (http://www.nytimes.com
/1991/07/02/us/supreme-court-
conservative-black-judge-
clarence-thomas-named-
marshall-s-court.html) , New
York Times (July 2, 1991).
34.
^ Toobin 2007, p. 26.35.
^
a
b
Hall, Kermit and McGuire,
Kevin. The Judicial Branch
(http://books.google.com
/books?id=8ZvEVHqK17IC&
pg=PA155) , p. 155 (Oxford
University Press 2006).
36.
^
a
b
Viera, Norman; Gross,
Leonard (1998). Supreme Court
appointments: Judge Bork and
the politicization of Senate
Confirmations
(http://books.google.com
/books?id=g5eoFhCmFIEC&
pg=PA137) . Southern Illinois
University Press. p. 137.
ISBN 9780809322046.
http://books.google.com
/books?id=g5eoFhCmFIEC&
pg=PA137.
37.
^ Foskett, Ken. Judging
Thomas, p. 224 (William
Morrow 2004).
38.
^ Abraham, Henry. Justices,
Presidents, and Senators: A
39.
History of the U.S. Supreme
Court Appointments From
Washington to Bush II
(http://books.google.com
/books?id=NWJRemDnx2kC&
pg=PA27) , pp. 27-30, 299
(Rowman and Littlefield 2007).
^ Yalof, David. Pursuit of
Justices: Presidential Politics
and the Selection of Supreme
Court Nominees
(http://books.google.com
/books?id=LV-59wucEVkC&
pg=PA214) , page 214
(University of Chicago Press,
2001).
40.
^ Segal, Jeffrey and Spaeth,
Harold. The Supreme Court and
the attitudinal model revisited
(http://books.google.com
/books?id=ULG_G5xLTCwC&
pg=PA187) , page 187
(Cambridge University Press,
2002).
41.
^ Hall, Kermit and McGuire,
Kevin. Institutions of American
Democracy: The Judicial
Branch
(http://books.google.com
/books?id=8ZvEVHqK17IC&
pg=PA155) , page 155 (Oxford
University Press, 2006).
42.
^ Toobin 2007, pp. 172, 398.43.
^ Tushnet, Mark. A Court
Divided
(http://books.google.com
/books?id=7Pr0YbpKnwgC&
pg=PA335) , p. 335 (Norton &
Company 2005).
44.
^
a
b
c
Mayer, Jane; Abramson,
Jill (1994). Strange Justice: The
Selling of Clarence Thomas.
Houghton Mifflin Company.
ISBN 978-0-395-63318-2.
45.
^ Merida, Kevin; Michael
Fletcher (2008). Supreme
Discomfort: The Divided Soul
of Clarence Thomas
(http://books.google.com
/books?id=-Sx-mz-fNGMC) .
Random House.
ISBN 9780767916363.
http://books.google.com
/books?id=-Sx-mz-fNGMC.
46.
^ Toobin 2007, p. 30.47.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
17 of 27 12/23/2011 8:10 P
M
date=Oct+25%2C+1984&
author=By+Juan+Williams+Was
hington+Post+Staff+Writer&
pub=The+Washington+Post++
(1974-Current+file)&edition=&
startpage=A7&
desc=EEOC+Chairman+Blasts+
Black+Leaders) . The
Washington Post.
http://pqasb.pqarchiver.com
/washingtonpost_historical
/access
/125860002.html?dids=1258600
02:125860002&FMT=ABS&
FMTS=ABS:AI&
date=Oct+25%2C+1984&
author=By+Juan+Williams+Was
hington+Post+Staff+Writer&
pub=The+Washington+Post++
(1974-Current+file)&edition=&
startpage=A7&
desc=EEOC+Chairman+Blasts+
Black+Leaders. Retrieved April
20, 2009. "The chairman of the
Equal Employment Opportunity
Commission says that black
leaders are 'watching the
destruction of our race' as they
'bitch, bitch, bitch' about
President Reagan but fail to
work with the administration to
solve problems. Clarence
Thomas said in an interview
that, in his 3½ years on the job,
no major black leader has
sought his help in influencing the
Reagan administration. Black
spokesmen should be working
with the administration to solve
such problems as teen-age
pregnancy, unemployment or
illiteracy instead of working
against Reagan, Thomas said."
^
a
b
c
d
e
Greenburg, Jan
Crawford (September 30, 2007).
"Clarence Thomas: A Silent
Justice Speaks Out"
(http://abcnews.go.com/TheLaw
/story?id=3664944&page=1) .
ABC News.
http://abcnews.go.com/TheLaw
/story?id=3664944&page=1.
Retrieved October 18, 2008.
31.
^ The Library of Congress32.
Presidential Nominations
(http://thomas.loc.gov
/home/nomis.html) , Look up of
Nomination: PN838-101.
February 6, 1990 – Committee
on Judiciary, hearings held.
February 22, 1990 – Committee
on Judiciary, ordered to be
reported favorably, placed on
Senate Executive Calendar.
March 6, 1990 – floor action,
confirmed by the Senate by
voice vote.
^ Profile (http://www.fjc.gov
/servlet/nGetInfo?jid=2362) at
the
Biographical_Directory_of_Federal_Judges,
a Public domain publication of
the Federal Judicial Center.
Accessed November 1, 2011.
33.
^ Dowd, Maureen. "The
Supreme Court; Conservative
Black Judge, Clarence Thomas,
Is Named to Marshall's Court
Seat" (http://www.nytimes.com
/1991/07/02/us/supreme-court-
conservative-black-judge-
clarence-thomas-named-
marshall-s-court.html) , New
York Times (July 2, 1991).
34.
^ Toobin 2007, p. 26.35.
^
a
b
Hall, Kermit and McGuire,
Kevin. The Judicial Branch
(http://books.google.com
/books?id=8ZvEVHqK17IC&
pg=PA155) , p. 155 (Oxford
University Press 2006).
36.
^
a
b
Viera, Norman; Gross,
Leonard (1998). Supreme Court
appointments: Judge Bork and
the politicization of Senate
Confirmations
(http://books.google.com
/books?id=g5eoFhCmFIEC&
pg=PA137) . Southern Illinois
University Press. p. 137.
ISBN 9780809322046.
http://books.google.com
/books?id=g5eoFhCmFIEC&
pg=PA137.
37.
^ Foskett, Ken. Judging
Thomas, p. 224 (William
Morrow 2004).
38.
^ Abraham, Henry. Justices,
Presidents, and Senators: A
39.
History of the U.S. Supreme
Court Appointments From
Washington to Bush II
(http://books.google.com
/books?id=NWJRemDnx2kC&
pg=PA27) , pp. 27-30, 299
(Rowman and Littlefield 2007).
^ Yalof, David. Pursuit of
Justices: Presidential Politics
and the Selection of Supreme
Court Nominees
(http://books.google.com
/books?id=LV-59wucEVkC&
pg=PA214) , page 214
(University of Chicago Press,
2001).
40.
^ Segal, Jeffrey and Spaeth,
Harold. The Supreme Court and
the attitudinal model revisited
(http://books.google.com
/books?id=ULG_G5xLTCwC&
pg=PA187) , page 187
(Cambridge University Press,
2002).
41.
^ Hall, Kermit and McGuire,
Kevin. Institutions of American
Democracy: The Judicial
Branch
(http://books.google.com
/books?id=8ZvEVHqK17IC&
pg=PA155) , page 155 (Oxford
University Press, 2006).
42.
^ Toobin 2007, pp. 172, 398.43.
^ Tushnet, Mark. A Court
Divided
(http://books.google.com
/books?id=7Pr0YbpKnwgC&
pg=PA335) , p. 335 (Norton &
Company 2005).
44.
^
a
b
c
Mayer, Jane; Abramson,
Jill (1994). Strange Justice: The
Selling of Clarence Thomas.
Houghton Mifflin Company.
ISBN 978-0-395-63318-2.
45.
^ Merida, Kevin; Michael
Fletcher (2008). Supreme
Discomfort: The Divided Soul
of Clarence Thomas
(http://books.google.com
/books?id=-Sx-mz-fNGMC) .
Random House.
ISBN 9780767916363.
http://books.google.com
/books?id=-Sx-mz-fNGMC.
46.
^ Toobin 2007, p. 30.47.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
17 of 27 12/23/2011 8:10 P
M
^ Toobin 2007, pp. 25, 31.48.
^ Toobin 2007, p. 31.49.
^ Woodward, Kenneth
(September 23, 1991). "Natural
Law, An Elusive Tradition"
(http://www.newsweek.com
/1991/09/22/natural-law-an-
elusive-tradition.html) .
Newsweek.
http://www.newsweek.com
/1991/09/22/natural-law-an-
elusive-tradition.html. Retrieved
April 20, 2009.
50.
^ Epstein, Aaron (August 30,
1991). "The Natural Law
According To Clarence
Thomas"
(http://community.seattletimes.n
wsource.com/archive
/?date=19910830&
slug=1302739) . The Seattle
Times.
http://community.seattletimes.n
wsource.com/archive
/?date=19910830&
slug=1302739. Retrieved April
20, 2009.
51.
^ Campbell, Linda and Drew,
Christopher. "Truth proves
elusive in nomination drama"
(http://pqasb.pqarchiver.com
/chicagotribune/access
/24507426.html?dids=24507426:24507426&
FMT=ABS&FMTS=ABS:FT&
type=current&
date=Oct+15%2C+1991&
author=Linda+P.+Campbell+and+Christopher+Drew%2C+Chicago+Tribune.&
pub=Chicago+Tribune+%28pre-
1997+Fulltext%29&
desc=Truth+proves+elusive+in+nomination+drama&
pqatl=google) , Chicago
Tribune (October 15, 1991):
"She said she followed Thomas
to EEOC in 1982 as an
assistant...."
52.
^ "The Thomas Nomination;
Excerpts From Senate's
Hearings on the Thomas
Nomination"
(http://www.nytimes.com
/1991/10/12/us/the-thomas-
nomination-excerpts-
from-senate-s-hearings-on-the-
thomas-
nomination.html?pagewanted=12)
53.
, The New York Times
(1991-10-12):
"Q: Professor Hill, there's a big
difference between your
articulating your version of
events, contrasted with your
statement that Judge Thomas
sexually harassed you. And in
the transcript of your October 7
interview, you responded to a
question saying that it was
sexual harassment.
"A: In my opinion, based on my
reading of the law, yes, it was.
But later on, immediately
following that response, I noted
to the press that I did not raise a
claim of sexual harassment in
this complaint. It seems to me
that the behavior has to be
evaluated on its own with regard
to the fitness of this individual
to act as an Associate Justice. It
seems to me that even if it does
not rise to the level of sexual
harassment, it is behavior that is
unbefitting an individual who
will be a member of the Court."
^ Braver, Rita. "Inappropriate
Conduct"
(http://www.cbsnews.com
/stories/1999/03/18/sunday
/main39413.shtml) , CBS News
(1999): “Hill herself did not
accuse Thomas of outright
harassment, but did say that he
had made unwelcome advances
toward her and used language
that embarrassed her."
54.
^ Pollitt, Katha. Subject to
Debate: Sense and Dissents on
Women, Politics, and Culture,
page 161 (2001): "The question
Hill's testimony placed before
us was not whether Thomas was
guilty of a legally actionable
offense (she herself was unsure
if his behavior added up to
sexual harassment) but whether
he belonged on the Supreme
Court."
55.
^ Travis, Carol. "Casting
Simple Louts as Lawbreakers"
(http://news.google.com
/newspapers?id=3LkMAAAAIBAJ&
56.
sjid=pl4DAAAAIBAJ&
pg=5188,197950&dq=anita-
hill+and+clarence-
thomas+and+sexual-
harassment+and+legal-sense&
hl=en) , St. Petersburg Times
(June 11, 1997): “Although
Thomas was never accused of
illegal behavior – merely of
behavior thought unseemly in a
Supreme Court nominee – in the
public mind the case conflated
obnoxious actions with illegal
harassment."
^ In particular, the questioning
by Senator Specter was intense.
See Morrison, Toni. "Race-ing
Justice, En-gendering Power"
(http://books.google.com
/books?num=100&hl=en&
safe=off&
rlz=1G1GGLQ_ENUS262&
q=%22intense%20questioning
%22%20clarence%20anita%20s
p
um=1&ie=UTF-8&sa=N& tab=wp) , p. 55 (Pantheon
Books 1992). After the
questioning, Specter said that,
"the testimony of Professor Hill
in the morning was flat out
perjury", and that "she
specifically changed it in the
afternoon when confronted with
the possibility of being
contradicted." See transcript
(http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/227-234.pdf) ,
p. 230.
57.
^ Hudson, David. The
Rehnquist Court:
Understanding Its Impact and
Legacy
(http://books.google.com
/books?id=NBHgQfWaXhUC&
lpg=PA50&ots=r-08MxAG7p&
dq=%22the%20most%20memor
a
pg=PA50#v=onepage& q=%22the%20most%20memora
b
f=false) , p. 50 (2007).
58.
^ Hearing of the Senate
Judiciary Committee on the
Nomination of Clarence Thomas
to the Supreme Court
(http://etext.lib.virginia.edu
59.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
18 of 27 12/23/2011 8:10 P
M
^ Toobin 2007, p. 31.49.
^ Woodward, Kenneth
(September 23, 1991). "Natural
Law, An Elusive Tradition"
(http://www.newsweek.com
/1991/09/22/natural-law-an-
elusive-tradition.html) .
Newsweek.
http://www.newsweek.com
/1991/09/22/natural-law-an-
elusive-tradition.html. Retrieved
April 20, 2009.
50.
^ Epstein, Aaron (August 30,
1991). "The Natural Law
According To Clarence
Thomas"
(http://community.seattletimes.n
wsource.com/archive
/?date=19910830&
slug=1302739) . The Seattle
Times.
http://community.seattletimes.n
wsource.com/archive
/?date=19910830&
slug=1302739. Retrieved April
20, 2009.
51.
^ Campbell, Linda and Drew,
Christopher. "Truth proves
elusive in nomination drama"
(http://pqasb.pqarchiver.com
/chicagotribune/access
/24507426.html?dids=24507426:24507426&
FMT=ABS&FMTS=ABS:FT&
type=current&
date=Oct+15%2C+1991&
author=Linda+P.+Campbell+and+Christopher+Drew%2C+Chicago+Tribune.&
pub=Chicago+Tribune+%28pre-
1997+Fulltext%29&
desc=Truth+proves+elusive+in+nomination+drama&
pqatl=google) , Chicago
Tribune (October 15, 1991):
"She said she followed Thomas
to EEOC in 1982 as an
assistant...."
52.
^ "The Thomas Nomination;
Excerpts From Senate's
Hearings on the Thomas
Nomination"
(http://www.nytimes.com
/1991/10/12/us/the-thomas-
nomination-excerpts-
from-senate-s-hearings-on-the-
thomas-
nomination.html?pagewanted=12)
53.
, The New York Times
(1991-10-12):
"Q: Professor Hill, there's a big
difference between your
articulating your version of
events, contrasted with your
statement that Judge Thomas
sexually harassed you. And in
the transcript of your October 7
interview, you responded to a
question saying that it was
sexual harassment.
"A: In my opinion, based on my
reading of the law, yes, it was.
But later on, immediately
following that response, I noted
to the press that I did not raise a
claim of sexual harassment in
this complaint. It seems to me
that the behavior has to be
evaluated on its own with regard
to the fitness of this individual
to act as an Associate Justice. It
seems to me that even if it does
not rise to the level of sexual
harassment, it is behavior that is
unbefitting an individual who
will be a member of the Court."
^ Braver, Rita. "Inappropriate
Conduct"
(http://www.cbsnews.com
/stories/1999/03/18/sunday
/main39413.shtml) , CBS News
(1999): “Hill herself did not
accuse Thomas of outright
harassment, but did say that he
had made unwelcome advances
toward her and used language
that embarrassed her."
54.
^ Pollitt, Katha. Subject to
Debate: Sense and Dissents on
Women, Politics, and Culture,
page 161 (2001): "The question
Hill's testimony placed before
us was not whether Thomas was
guilty of a legally actionable
offense (she herself was unsure
if his behavior added up to
sexual harassment) but whether
he belonged on the Supreme
Court."
55.
^ Travis, Carol. "Casting
Simple Louts as Lawbreakers"
(http://news.google.com
/newspapers?id=3LkMAAAAIBAJ&
56.
sjid=pl4DAAAAIBAJ&
pg=5188,197950&dq=anita-
hill+and+clarence-
thomas+and+sexual-
harassment+and+legal-sense&
hl=en) , St. Petersburg Times
(June 11, 1997): “Although
Thomas was never accused of
illegal behavior – merely of
behavior thought unseemly in a
Supreme Court nominee – in the
public mind the case conflated
obnoxious actions with illegal
harassment."
^ In particular, the questioning
by Senator Specter was intense.
See Morrison, Toni. "Race-ing
Justice, En-gendering Power"
(http://books.google.com
/books?num=100&hl=en&
safe=off&
rlz=1G1GGLQ_ENUS262&
q=%22intense%20questioning
%22%20clarence%20anita%20s
p
um=1&ie=UTF-8&sa=N& tab=wp) , p. 55 (Pantheon
Books 1992). After the
questioning, Specter said that,
"the testimony of Professor Hill
in the morning was flat out
perjury", and that "she
specifically changed it in the
afternoon when confronted with
the possibility of being
contradicted." See transcript
(http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/227-234.pdf) ,
p. 230.
57.
^ Hudson, David. The
Rehnquist Court:
Understanding Its Impact and
Legacy
(http://books.google.com
/books?id=NBHgQfWaXhUC&
lpg=PA50&ots=r-08MxAG7p&
dq=%22the%20most%20memor
a
pg=PA50#v=onepage& q=%22the%20most%20memora
b
f=false) , p. 50 (2007).
58.
^ Hearing of the Senate
Judiciary Committee on the
Nomination of Clarence Thomas
to the Supreme Court
(http://etext.lib.virginia.edu
59.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
18 of 27 12/23/2011 8:10 P
M
/etcbin/toccer-
new-yitna?id=UsaThom&
images=images/modeng&
data=/lv6/workspace/yitna&
tag=public&part=24) ,
Electronic Text Center,
University of Virginia Library,
October 11, 1991.
^ THE THOMAS
NOMINATION; Excerpts From
an Interview With Another
Thomas Accuser
(http://www.nytimes.com
/1991/10/15/us/the-thomas-
nomination-excerpts-from-an-
interview-with-another-thomas-
accuser.html) , The New York
Times (October 15, 1991).
60.
^ "The Thomas Nomination; On
the Hearing Schedule: Eight
Further Witnesses"
(http://query.nytimes.com
/gst/fullpage.html?res=9D0CE1D71438F930A25753C1A967958260)
, The New York Times (October
13, 1991)
61.
^ See hearing record from
October 13, 1991
(http://etext.virginia.edu/etcbin
/toccer-
new-yitna?id=UsaThom&
images=images/modeng&
data=/lv6/workspace/yitna&
tag=public&part=29) . Senator
Biden wrote to Wright: "I wish
to make clear, however, that if
you want to testify at the hearing
in person, I will honor that
request." Wright responded to
Biden: "I agree the admission of
the transcript of my interview
and that of Miss Jourdain's in
the record without rebuttal at the
hearing represents my position
and is completely satisfactory to
me."
62.
^ Vieira, Norman and Gross,
Leonard (1998). Supreme Court
appointments: Judge Bork and
the politicization of Senate
Confirmations
(http://books.google.com
/books?id=g5eoFhCmFIEC&
lpg=PA217&
dq=%22not%20an%20opportunity%20to%20talk%20about%20difficult%20matters%20privately%20or%20in%20a
%
pg=PA219#v=onepage&
63.
q=%22clarence%22&f=false) ,
p. 219.
^ "United States Senate,
Transcript of Proceedings"
(http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/442-511.pdf) .
U.S. Government Printing
Office. October 10, 1991. pp.
442–511.
http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/442-511.pdf.
Retrieved September 18, 2008.
64.
^ "The Thomas Nomination;
Excerpts From Judiciary
Committee's Interview of
Angela Wright"
(http://www.nytimes.com
/1991/10/14/us/thomas-
nomination-excerpts-judiciary-
committee-s-interview-angela-
wright.html) . The New York
Times. October 4, 1991.
http://www.nytimes.com
/1991/10/14/us/thomas-
nomination-excerpts-judiciary-
committee-s-interview-angela-
wright.html. Retrieved
November 1, 2011.
65.
^ Marcus, Ruth (October 30,
2007). "One Angry Man,
Clarence Thomas Is No Victim"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/10
/02/AR2007100201822.html)
Washington Post (opinion
column). "If you were young,
black, female and reasonably
attractive, you knew full well
you were being inspected and
auditioned as a female."
66.
^ Press Release, FAIR's Reply
to Limbaugh's Non-Response
(10/17/94) (http://www.fair.org
/index.php?page=1896) Fairness
and Accuracy in Reporting.
67.
^ "Nomination of Judge
Clarence Thomas to be
Associate Justice of the
Supreme Court of the United
States," Senate Hearing
102–1084, pt. 4, p. 590
(http://www.gpoaccess.gov
/congress/senate/judiciary
68.
/sh102-1084pt4/589-590.pdf) .
(See table of contents for
hearing, here.[1]
(http://www.gpoaccess.gov
/congress/senate/judiciary
/scourt.html) )
^ "The Thomas Nomination;
Questions to Those Who
Corroborated Hill Account"
(http://www.nytimes.com
/1991/10/29/us/the-thomas-
nomination-questions-to-those-
who-corroborated-
hill-account.html?pagewanted=1
)
, The New York Times (October
21, 1991).
69.
^ Hall, Kermit (ed), The Oxford
Companion to the Supreme
Court of the United States, p.
871, Oxford Press, 1992 ISBN
978-0-19-505835-2.
70.
^
a
b
Yorke, Jeffrey. "The
Call-in People's Court"
(http://www.encyclopedia.com
/doc/1P2-1092488.html) ,
Washington Post (October 29,
1991).
71.
^ "The Thomas Swearing-In; A
Festive Mood at Thomas
Swearing-In"
(http://www.nytimes.com
/1991/10/19/us/the-thomas-
swearing-in-a-festive-mood-at-
thomas-swearing-in.html?sec=&
spon=) , The New York Times
(October 19, 1991).
72.
^
a
b
Greenhouse, Linda.
Thomas Sworn in as 106th
Justice"
(http://www.nytimes.com
/1991/10/24/us/thomas-sworn-
in-as-106th-justice.html) , The
New York Times (October 24,
1991).
73.
^ Toobin 2007, p. 39.74.
^ Fiske, John. Media matters:
race and gender in U.S. politics
(http://books.google.com
/books?id=qWXDcHQ9GwkC&
pg=PA113&
dq=%22will+not+get+into+an
y
hl=en& ei=oErvS_eTBcG88gbYw9j9Cg
&
sa=X&oi=book_result& ct=result&resnum=2&
75.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
19 of 27 12/23/2011 8:10 P
M
new-yitna?id=UsaThom&
images=images/modeng&
data=/lv6/workspace/yitna&
tag=public&part=24) ,
Electronic Text Center,
University of Virginia Library,
October 11, 1991.
^ THE THOMAS
NOMINATION; Excerpts From
an Interview With Another
Thomas Accuser
(http://www.nytimes.com
/1991/10/15/us/the-thomas-
nomination-excerpts-from-an-
interview-with-another-thomas-
accuser.html) , The New York
Times (October 15, 1991).
60.
^ "The Thomas Nomination; On
the Hearing Schedule: Eight
Further Witnesses"
(http://query.nytimes.com
/gst/fullpage.html?res=9D0CE1D71438F930A25753C1A967958260)
, The New York Times (October
13, 1991)
61.
^ See hearing record from
October 13, 1991
(http://etext.virginia.edu/etcbin
/toccer-
new-yitna?id=UsaThom&
images=images/modeng&
data=/lv6/workspace/yitna&
tag=public&part=29) . Senator
Biden wrote to Wright: "I wish
to make clear, however, that if
you want to testify at the hearing
in person, I will honor that
request." Wright responded to
Biden: "I agree the admission of
the transcript of my interview
and that of Miss Jourdain's in
the record without rebuttal at the
hearing represents my position
and is completely satisfactory to
me."
62.
^ Vieira, Norman and Gross,
Leonard (1998). Supreme Court
appointments: Judge Bork and
the politicization of Senate
Confirmations
(http://books.google.com
/books?id=g5eoFhCmFIEC&
lpg=PA217&
dq=%22not%20an%20opportunity%20to%20talk%20about%20difficult%20matters%20privately%20or%20in%20a
%
pg=PA219#v=onepage&
63.
q=%22clarence%22&f=false) ,
p. 219.
^ "United States Senate,
Transcript of Proceedings"
(http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/442-511.pdf) .
U.S. Government Printing
Office. October 10, 1991. pp.
442–511.
http://www.gpoaccess.gov
/congress/senate/judiciary
/sh102-1084pt4/442-511.pdf.
Retrieved September 18, 2008.
64.
^ "The Thomas Nomination;
Excerpts From Judiciary
Committee's Interview of
Angela Wright"
(http://www.nytimes.com
/1991/10/14/us/thomas-
nomination-excerpts-judiciary-
committee-s-interview-angela-
wright.html) . The New York
Times. October 4, 1991.
http://www.nytimes.com
/1991/10/14/us/thomas-
nomination-excerpts-judiciary-
committee-s-interview-angela-
wright.html. Retrieved
November 1, 2011.
65.
^ Marcus, Ruth (October 30,
2007). "One Angry Man,
Clarence Thomas Is No Victim"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/10
/02/AR2007100201822.html)
Washington Post (opinion
column). "If you were young,
black, female and reasonably
attractive, you knew full well
you were being inspected and
auditioned as a female."
66.
^ Press Release, FAIR's Reply
to Limbaugh's Non-Response
(10/17/94) (http://www.fair.org
/index.php?page=1896) Fairness
and Accuracy in Reporting.
67.
^ "Nomination of Judge
Clarence Thomas to be
Associate Justice of the
Supreme Court of the United
States," Senate Hearing
102–1084, pt. 4, p. 590
(http://www.gpoaccess.gov
/congress/senate/judiciary
68.
/sh102-1084pt4/589-590.pdf) .
(See table of contents for
hearing, here.[1]
(http://www.gpoaccess.gov
/congress/senate/judiciary
/scourt.html) )
^ "The Thomas Nomination;
Questions to Those Who
Corroborated Hill Account"
(http://www.nytimes.com
/1991/10/29/us/the-thomas-
nomination-questions-to-those-
who-corroborated-
hill-account.html?pagewanted=1
)
, The New York Times (October
21, 1991).
69.
^ Hall, Kermit (ed), The Oxford
Companion to the Supreme
Court of the United States, p.
871, Oxford Press, 1992 ISBN
978-0-19-505835-2.
70.
^
a
b
Yorke, Jeffrey. "The
Call-in People's Court"
(http://www.encyclopedia.com
/doc/1P2-1092488.html) ,
Washington Post (October 29,
1991).
71.
^ "The Thomas Swearing-In; A
Festive Mood at Thomas
Swearing-In"
(http://www.nytimes.com
/1991/10/19/us/the-thomas-
swearing-in-a-festive-mood-at-
thomas-swearing-in.html?sec=&
spon=) , The New York Times
(October 19, 1991).
72.
^
a
b
Greenhouse, Linda.
Thomas Sworn in as 106th
Justice"
(http://www.nytimes.com
/1991/10/24/us/thomas-sworn-
in-as-106th-justice.html) , The
New York Times (October 24,
1991).
73.
^ Toobin 2007, p. 39.74.
^ Fiske, John. Media matters:
race and gender in U.S. politics
(http://books.google.com
/books?id=qWXDcHQ9GwkC&
pg=PA113&
dq=%22will+not+get+into+an
y
hl=en& ei=oErvS_eTBcG88gbYw9j9Cg
&
sa=X&oi=book_result& ct=result&resnum=2&
75.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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ved=0CC0Q6AEwAQ#v=onepage&
q=%22will%20not%20get%20into%20any%20discussions%20that%20I%20might%20have%20had%20about%20my
f=false) , p. 113 (1998).
^ Hill, Anita (1997). Speaking
truth to power
(http://books.google.com
/books?id=8-KPAAAAMAAJ&
q=%22Anita+Hill%22+and+%22Speaking+TRuth+to+Power%22&
dq=%22Anita+Hill%22+and+%22Speaking+TRuth+to+Power%22&
hl=en&
ei=K07vS8q5BoT68AaBmej9Cg&
sa=X&oi=book_result&
ct=result&resnum=1&
ved=0CCgQ6AewAA) .
76.
^ Vanzo, John (October 12,
2007). "Clarence Thomas"
(http://www.georgiaencyclopedi
a.org/nge/Article.jsp?id=h-
2840&pid=s-58) . Georgia
Encyclopedia.
http://www.georgiaencyclopedia
.org/nge/Article.jsp?id=h-
2840&pid=s-58. Retrieved July
20, 2009.
77.
^ Greenburg 2007,
pp. 112–113.
78.
^
a
b
Greenburg 2007,
pp. 115–116.
79.
^ Greenburg, Jan Crawford
(January 28, 2007). "The Truth
About Clarence Thomas"
(http://web.archive.org
/web/20100103123904/http:
//opinionjournal.com/extra
/?id=110009590) . The Wall
Street Journal. Archived from
the original
(http://www.opinionjournal.com
/extra/?id=110009590) on
January 3, 2010.
http://web.archive.org
/web/20100103123904/http:
//opinionjournal.com/extra
/?id=110009590. Retrieved
December 7, 2011.
80.
^
a
b
Barnes, Robert; Fletcher,
Michael A.; Merida, Kevin
(September 29, 2007). "Justice
Thomas Lashes Out in Memoir"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/09
/28/AR2007092801634.html) .
The Washington Post.
http://www.washingtonpost.com
/wp-dyn/content/article/2007/09
81.
/28/AR2007092801634.html.
Retrieved October 20, 2008.
^ Garner, Dwight. "TBR; TBR:
Inside the List"
(http://query.nytimes.com
/gst/fullpage.html?res=9B06E3D81F3BF932A15753C1A9619C8B63)
, New York Times (October 21,
2007).
82.
^
a
b
Gerber, Scott Douglas.
First principles: the
jurisprudence of Clarence
Thomas
(http://books.google.com
/books?id=LESvhXkbtBwC&
pg=PA30&lpg=PA30&
dq=%22scott+douglas+gerber%22+Toobin&
source=bl&ots=86P63OtkP5&
sig=5gaBDwU0fRVds8T2GihIWoEFVzI&
hl=en&
ei=bDrwS8C5BYG88gaC0fT9Cg&
sa=X&oi=book_result&
ct=result&resnum=1&
ved=0CBIQ6AEwAA#v=onepage&
q&f=false) , pages 30–33
(1999).
83.
^ "Major Political Figures"
(http://www.rasmussenreports.com
/public_content/politics
/favorables
/major_political_figures) ,
Rasmussen Reports. Retrieved
May 16, 2010.
84.
^ "National Opinion Survey of
1,000 Likely Voters"
(http://legacy.rasmussenreports.com
/MembersOnly/2006%20Dailies
/November%202006
/Nov%2010-11
%20%28favs%29.htm) ,
Rasmussen Reports. Retrieved
July 26, 2010.
85.
^ Supreme Court Watch,
Profile: Justice Clarence
Thomas (http://www.pbs.org
/newshour/indepth_coverage
/law/supreme_court/justices
/thomas.html) Public
Broadcasting Service.
86.
^ Cohen, Adam, Editorial
Observer (June 3, 2007)
(http://www.nytimes.com
/2007/06/03/opinion
/03sun4.html?_r=1) New York
Times.
87.
^ Toobin 2007, p. 99.88.
^ Lazarus, Edward. "BOOK
REVIEW – It seems Justice
Thomas is still seeking
confirmation – My Grandfather's
Son A Memoir Clarence
Thomas"
(http://articles.latimes.com
/2007/oct/01/entertainment
/et-book1) , Los Angeles Times
(October 1, 2007).
89.
^ Marshall, Thomas. Public
Opinion and the Rehnquist
Court (http://books.google.com
/books?id=twQsIsMUnvsC&
pg=PA79&) , page 79 (SUNY
Press, 2008).
90.
^ Von Drehle, David.
"Executive Branch Reined In"
(http://www.washingtonpost.com
/wp-dyn/articles
/A13226-2004Jun28.html) ,
Washington Post (June 29,
2004).
91.
^ West, Paul. A president under
siege throws down the gauntlet"
(http://www.courant.com
/news/nationworld
/bal-te.analysis01nov01,0,24217
6
, Hartford Courant (November 1, 2005).
92.
^ "Jeffrey Toobin Profiles 'The
Nine' Inside the Robes"
(http://www.NPR.org/templates
/story
/story.php?storyId=14505105) ,
NPR (September 19, 2007).
93.
^ Mencimer, Stephanie. "Does
Scalia Think Clarence Thomas
is a Nutter?"
(http://motherjones.com
/mojo/2007/09/does-Scalia-
think-Clarence-Thomas-nutter)
Mother Jones (September 28,
2007).
94.
^
a
b
Marzulla, Nancie. "The
Textualism of Clarence
Thomas: Anchoring the Supreme
Court's Property Rights
Jurisprudence to the
Constitution"
(http://www.wcl.American.edu
/journal/genderlaw
/10/10-2marzulla.PDF?rd=1) ,
Journal of Gender, Social
Policy & The Law (2002).
95.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
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M
q=%22will%20not%20get%20into%20any%20discussions%20that%20I%20might%20have%20had%20about%20my
f=false) , p. 113 (1998).
^ Hill, Anita (1997). Speaking
truth to power
(http://books.google.com
/books?id=8-KPAAAAMAAJ&
q=%22Anita+Hill%22+and+%22Speaking+TRuth+to+Power%22&
dq=%22Anita+Hill%22+and+%22Speaking+TRuth+to+Power%22&
hl=en&
ei=K07vS8q5BoT68AaBmej9Cg&
sa=X&oi=book_result&
ct=result&resnum=1&
ved=0CCgQ6AewAA) .
76.
^ Vanzo, John (October 12,
2007). "Clarence Thomas"
(http://www.georgiaencyclopedi
a.org/nge/Article.jsp?id=h-
2840&pid=s-58) . Georgia
Encyclopedia.
http://www.georgiaencyclopedia
.org/nge/Article.jsp?id=h-
2840&pid=s-58. Retrieved July
20, 2009.
77.
^ Greenburg 2007,
pp. 112–113.
78.
^
a
b
Greenburg 2007,
pp. 115–116.
79.
^ Greenburg, Jan Crawford
(January 28, 2007). "The Truth
About Clarence Thomas"
(http://web.archive.org
/web/20100103123904/http:
//opinionjournal.com/extra
/?id=110009590) . The Wall
Street Journal. Archived from
the original
(http://www.opinionjournal.com
/extra/?id=110009590) on
January 3, 2010.
http://web.archive.org
/web/20100103123904/http:
//opinionjournal.com/extra
/?id=110009590. Retrieved
December 7, 2011.
80.
^
a
b
Barnes, Robert; Fletcher,
Michael A.; Merida, Kevin
(September 29, 2007). "Justice
Thomas Lashes Out in Memoir"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/09
/28/AR2007092801634.html) .
The Washington Post.
http://www.washingtonpost.com
/wp-dyn/content/article/2007/09
81.
/28/AR2007092801634.html.
Retrieved October 20, 2008.
^ Garner, Dwight. "TBR; TBR:
Inside the List"
(http://query.nytimes.com
/gst/fullpage.html?res=9B06E3D81F3BF932A15753C1A9619C8B63)
, New York Times (October 21,
2007).
82.
^
a
b
Gerber, Scott Douglas.
First principles: the
jurisprudence of Clarence
Thomas
(http://books.google.com
/books?id=LESvhXkbtBwC&
pg=PA30&lpg=PA30&
dq=%22scott+douglas+gerber%22+Toobin&
source=bl&ots=86P63OtkP5&
sig=5gaBDwU0fRVds8T2GihIWoEFVzI&
hl=en&
ei=bDrwS8C5BYG88gaC0fT9Cg&
sa=X&oi=book_result&
ct=result&resnum=1&
ved=0CBIQ6AEwAA#v=onepage&
q&f=false) , pages 30–33
(1999).
83.
^ "Major Political Figures"
(http://www.rasmussenreports.com
/public_content/politics
/favorables
/major_political_figures) ,
Rasmussen Reports. Retrieved
May 16, 2010.
84.
^ "National Opinion Survey of
1,000 Likely Voters"
(http://legacy.rasmussenreports.com
/MembersOnly/2006%20Dailies
/November%202006
/Nov%2010-11
%20%28favs%29.htm) ,
Rasmussen Reports. Retrieved
July 26, 2010.
85.
^ Supreme Court Watch,
Profile: Justice Clarence
Thomas (http://www.pbs.org
/newshour/indepth_coverage
/law/supreme_court/justices
/thomas.html) Public
Broadcasting Service.
86.
^ Cohen, Adam, Editorial
Observer (June 3, 2007)
(http://www.nytimes.com
/2007/06/03/opinion
/03sun4.html?_r=1) New York
Times.
87.
^ Toobin 2007, p. 99.88.
^ Lazarus, Edward. "BOOK
REVIEW – It seems Justice
Thomas is still seeking
confirmation – My Grandfather's
Son A Memoir Clarence
Thomas"
(http://articles.latimes.com
/2007/oct/01/entertainment
/et-book1) , Los Angeles Times
(October 1, 2007).
89.
^ Marshall, Thomas. Public
Opinion and the Rehnquist
Court (http://books.google.com
/books?id=twQsIsMUnvsC&
pg=PA79&) , page 79 (SUNY
Press, 2008).
90.
^ Von Drehle, David.
"Executive Branch Reined In"
(http://www.washingtonpost.com
/wp-dyn/articles
/A13226-2004Jun28.html) ,
Washington Post (June 29,
2004).
91.
^ West, Paul. A president under
siege throws down the gauntlet"
(http://www.courant.com
/news/nationworld
/bal-te.analysis01nov01,0,24217
6
, Hartford Courant (November 1, 2005).
92.
^ "Jeffrey Toobin Profiles 'The
Nine' Inside the Robes"
(http://www.NPR.org/templates
/story
/story.php?storyId=14505105) ,
NPR (September 19, 2007).
93.
^ Mencimer, Stephanie. "Does
Scalia Think Clarence Thomas
is a Nutter?"
(http://motherjones.com
/mojo/2007/09/does-Scalia-
think-Clarence-Thomas-nutter)
Mother Jones (September 28,
2007).
94.
^
a
b
Marzulla, Nancie. "The
Textualism of Clarence
Thomas: Anchoring the Supreme
Court's Property Rights
Jurisprudence to the
Constitution"
(http://www.wcl.American.edu
/journal/genderlaw
/10/10-2marzulla.PDF?rd=1) ,
Journal of Gender, Social
Policy & The Law (2002).
95.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
20 of 27 12/23/2011 8:10 P
M
^
a
b
c
"Nine Justices, Ten
Years: A Statistical
Retrospective"
(http://www.harvardlawreview.org
/issues/118/Nov04
/Nine_Justices_Ten_YearsFTX.pdf)
, Harvard Law Review, volume
118, page 510, 519 (2004).
96.
^ Baude, Will. Brothers in Law,
The New Republic Online, (June
30, 2004): "Justices Souter and
Ginsburg were in complete
agreement in 85 percent of the
Court's decisions. Chief Justice
Rehnquist agreed with Justice
O'Connor in 79 percent and
Justice Kennedy in 77 percent.
Justices Stevens and Souter
agreed 77 percent of the time; so
did Justices Ginsburg and
Breyer. Thomas and Scalia
agreed in only 73 percent of the
cases. Thomas regularly breaks
with Scalia, disagreeing on
points of doctrine, finding a
more measured and judicial
tone, and calling for the
elimination of bad law. Unless
he is simply a very bad
yes-man, Clarence Thomas is a
more independent voice than
most people give him credit
for."
97.
^ Greenhouse, Linda. "In Steps
Big and Small, Supreme Court,
Moved Right"
(http://www.nytimes.com
/2007/07/01/washington
/01scotus.html) , The New York
Times, July 1, 2007.
98.
^ "EAST-#7825019-
v1-OT06_Non-
Unan_Agreement.XLS"
(http://www.scotusblog.com
/movabletype/archives
/NonUnanAgreementOT06.pdf)
. http://www.scotusblog.com
/movabletype/archives
/NonUnanAgreementOT06.pdf.
Retrieved June 20, 2010.
99.
^ "EAST-#7824858-
v1-OT06_Agreement_2.XLS"
(http://www.scotusblog.com
/movabletype/archives
/AgreementFinalOT06.pdf) .
100.
http://www.scotusblog.com
/movabletype/archives
/AgreementFinalOT06.pdf.
Retrieved June 20, 2010.
^ Greenburg 2007, p. 166.101.
^ Mark Tushnet, A Court
Divided 85-6 (2006); Jeffrey
Toobin, The Nine 119 (2008).
102.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/121/nov07
/statistics07.pdf) , Harvard Law
Review, volume 121, page 439
(2007).
103.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/120/nov06
/statistics06.pdf) , Harvard Law
Review, volume 120, page 372
(2006).
104.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/119/Nov05
/Statistics.pdf) , Harvard Law
Review, volume 119, page 415
(2005).
105.
^ Gerhardt, Michael. The Power
of Precedent, page 188
(http://books.google.com
/books?id=HOgeAC0T0aEC&
pg=PA188) (Oxford University
Press 2008): Thomas "does not,
at least statistically, urge more
than three overrulings per term,
thus indicating his willingness to
leave a fairly broad spectrum of
constitutional decisions intact".
106.
^ Barrett, Amy. "Statutory Stare
Decisis in the Courts of
Appeals"
(http://papers.ssrn.com
/sol3/papers.cfm?abstract_id=670521)
, George Washington Law
Review (2005).
107.
^ "A Big Question About
Clarence Thomas"
(http://www.washingtonpost.com
/wp-dyn/articles
/A31117-2004Oct13.html) , The
Washington Post, October 14,
2004. Accessed May 7, 2007.
108.
^
a
b
Gerhardt, Michael. The
Power of Precedent, pages 249
(ranked eleventh for overturning
precedent)
109.
(http://books.google.com
/books?id=HOgeAC0T0aEC&
pg=PA247) and 12 (most
frequently urged overturning)
(http://books.google.com
/books?id=hNcfgzuSTS4C&
pg=PA12) (Oxford University
Press 2008).
^ Ringel, Jonathan. "The
Bombshell in the Clarence
Thomas Biography"
(http://www.law.com
/jsp/article.jsp?id=10901802891
3
, Daily Report (http://www.dailyreportonline.co
m
bvia Law.com (August 5, 2004). Scalia also said that Thomas
"doesn't believe in stare decisis,
period."
110.
^
a
b
Toobin 2007, p. 120.111.
^ E.g., Seminole Tribe v.
Florida 517 U.S. 44 (1996).
Full text of opinion courtesy of
Findlaw.com.
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=CASE&
court=US&vol=517&page=44)
112.
^ United Haulers Assn. v.
Oneida-Herkimer Solid Waste
Mgmt. Auth. 550 U.S. 330
(2007).
(http://www2.law.cornell.edu
/supct/html/05-1345.ZS.html)
Full text opinion courtesy of
Cornell University
113.
^ United States v. Lopez 514
U.S. 549 (1995).
(http://laws.findlaw.com/us/000
/u10287.html) Full text of
opinion courtesy of
Findlaw.com.
114.
^
a
b
Toobin 2007, p. 100.115.
^ Dorf, Michael. "What
California's Trans Fat Ban
Teaches Us About Federalism"
(http://writ.news.findlaw.com
/dorf/20080729.html) ,
Findlaw's Writ (July 29, 2008):
"Proponents of broad national
power like myself do not say
that the Court should update the
Constitution to keep it in tune
with the times. Rather, we argue
—- or at least some of us argue
116.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
21 of 27 12/23/2011 8:10 P
M
a
b
c
"Nine Justices, Ten
Years: A Statistical
Retrospective"
(http://www.harvardlawreview.org
/issues/118/Nov04
/Nine_Justices_Ten_YearsFTX.pdf)
, Harvard Law Review, volume
118, page 510, 519 (2004).
96.
^ Baude, Will. Brothers in Law,
The New Republic Online, (June
30, 2004): "Justices Souter and
Ginsburg were in complete
agreement in 85 percent of the
Court's decisions. Chief Justice
Rehnquist agreed with Justice
O'Connor in 79 percent and
Justice Kennedy in 77 percent.
Justices Stevens and Souter
agreed 77 percent of the time; so
did Justices Ginsburg and
Breyer. Thomas and Scalia
agreed in only 73 percent of the
cases. Thomas regularly breaks
with Scalia, disagreeing on
points of doctrine, finding a
more measured and judicial
tone, and calling for the
elimination of bad law. Unless
he is simply a very bad
yes-man, Clarence Thomas is a
more independent voice than
most people give him credit
for."
97.
^ Greenhouse, Linda. "In Steps
Big and Small, Supreme Court,
Moved Right"
(http://www.nytimes.com
/2007/07/01/washington
/01scotus.html) , The New York
Times, July 1, 2007.
98.
^ "EAST-#7825019-
v1-OT06_Non-
Unan_Agreement.XLS"
(http://www.scotusblog.com
/movabletype/archives
/NonUnanAgreementOT06.pdf)
. http://www.scotusblog.com
/movabletype/archives
/NonUnanAgreementOT06.pdf.
Retrieved June 20, 2010.
99.
^ "EAST-#7824858-
v1-OT06_Agreement_2.XLS"
(http://www.scotusblog.com
/movabletype/archives
/AgreementFinalOT06.pdf) .
100.
http://www.scotusblog.com
/movabletype/archives
/AgreementFinalOT06.pdf.
Retrieved June 20, 2010.
^ Greenburg 2007, p. 166.101.
^ Mark Tushnet, A Court
Divided 85-6 (2006); Jeffrey
Toobin, The Nine 119 (2008).
102.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/121/nov07
/statistics07.pdf) , Harvard Law
Review, volume 121, page 439
(2007).
103.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/120/nov06
/statistics06.pdf) , Harvard Law
Review, volume 120, page 372
(2006).
104.
^ "The Statistics"
(http://www.harvardlawreview.org
/issues/119/Nov05
/Statistics.pdf) , Harvard Law
Review, volume 119, page 415
(2005).
105.
^ Gerhardt, Michael. The Power
of Precedent, page 188
(http://books.google.com
/books?id=HOgeAC0T0aEC&
pg=PA188) (Oxford University
Press 2008): Thomas "does not,
at least statistically, urge more
than three overrulings per term,
thus indicating his willingness to
leave a fairly broad spectrum of
constitutional decisions intact".
106.
^ Barrett, Amy. "Statutory Stare
Decisis in the Courts of
Appeals"
(http://papers.ssrn.com
/sol3/papers.cfm?abstract_id=670521)
, George Washington Law
Review (2005).
107.
^ "A Big Question About
Clarence Thomas"
(http://www.washingtonpost.com
/wp-dyn/articles
/A31117-2004Oct13.html) , The
Washington Post, October 14,
2004. Accessed May 7, 2007.
108.
^
a
b
Gerhardt, Michael. The
Power of Precedent, pages 249
(ranked eleventh for overturning
precedent)
109.
(http://books.google.com
/books?id=HOgeAC0T0aEC&
pg=PA247) and 12 (most
frequently urged overturning)
(http://books.google.com
/books?id=hNcfgzuSTS4C&
pg=PA12) (Oxford University
Press 2008).
^ Ringel, Jonathan. "The
Bombshell in the Clarence
Thomas Biography"
(http://www.law.com
/jsp/article.jsp?id=10901802891
3
, Daily Report (http://www.dailyreportonline.co
m
bvia Law.com (August 5, 2004). Scalia also said that Thomas
"doesn't believe in stare decisis,
period."
110.
^
a
b
Toobin 2007, p. 120.111.
^ E.g., Seminole Tribe v.
Florida 517 U.S. 44 (1996).
Full text of opinion courtesy of
Findlaw.com.
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=CASE&
court=US&vol=517&page=44)
112.
^ United Haulers Assn. v.
Oneida-Herkimer Solid Waste
Mgmt. Auth. 550 U.S. 330
(2007).
(http://www2.law.cornell.edu
/supct/html/05-1345.ZS.html)
Full text opinion courtesy of
Cornell University
113.
^ United States v. Lopez 514
U.S. 549 (1995).
(http://laws.findlaw.com/us/000
/u10287.html) Full text of
opinion courtesy of
Findlaw.com.
114.
^
a
b
Toobin 2007, p. 100.115.
^ Dorf, Michael. "What
California's Trans Fat Ban
Teaches Us About Federalism"
(http://writ.news.findlaw.com
/dorf/20080729.html) ,
Findlaw's Writ (July 29, 2008):
"Proponents of broad national
power like myself do not say
that the Court should update the
Constitution to keep it in tune
with the times. Rather, we argue
—- or at least some of us argue
116.
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M
—- that the growth of a national,
indeed, global, economy, means
that activities that might have
been carried out in relatively
discrete local markets in 1789
are now undoubtedly part of
interstate and international
commerce."
^
a
b
Joondeph, Bradley
"Federalism, the Rehnquist
Court, and the Modern
Republican Party"
(http://papers.ssrn.com
/sol3/papers.cfm?abstract_id=1019648)
, Oregon Law Review, Volume
87 (2008): "Most scholars agree
that federalism was central to
the Rehnquist Court's
constitutional agenda."
117.
^ Althouse, Ann. "Why Talking
About States' Rights Cannot
Avoid the Need for Normative
Federalism Analysis: A
Response to Professors Baker
and Young"
(http://www.law.duke.edu/shell
/cite.pl?51+Duke+L.+J.+363+pdf)
, Duke Law Journal, Volume
51, page 363 (2001).
118.
^
a
b
Greenburg 2007, p. 117.119.
^
a
b
Foucha v. Louisiana, 504
U.S. 71 (1992). Full text of
opinion courtesy of
Findlaw.com.
(http://laws.findlaw.com/us/504
/71.html)
120.
^ Ost, Harriet. "U.S. Supreme
Court: Chicago's gun ban struck
down (http://www.upi.com
/Top_News/US/2010/06/28
/US-Supreme-Court-Chicagos-
gun-ban-struck-down/UPI-
18071277761369) ", United
Press International (June 28,
2010).
121.
^ McDonald v. Chicago slip
opinion from the U.S. Supreme
Court
(http://www.supremecourt.gov
/opinions/09pdf/08-1521.pdf)
122.
^ Hamdi v. Rumsfeld, 542 U.S.
507 (2004). Full text of opinion
courtesy of Findlaw.com.
(http://caselaw.lp.findlaw.com
/scripts
123.
/getcase.pl?navby=CASE&
court=US&vol=542&page=507)
^ Hamdan v. Rumsfeld, 548
U.S. 557 (2006).
(http://supreme.vlex.com
/vid/hamdan-v-rumsfeld-
320635)
124.
^ Volokh, Eugene. "How the
Justices Voted in Free Speech
Cases, 1994–2000"
(http://www.law.ucla.edu/volokh
/howvoted.htm) (Updated), 48
UCLA L. Rev. 1191 (2001).
125.
^ Morse v. Frederick, 551 U.S.
393 (2007). Full text of opinion
courtesy of Findlaw.com.
(http://laws.findlaw.com/us/000
/06-278.html)
126.
^ American Civil Liberties
Union v. Ashcroft, 535 U.S. 564
(2002) (http://laws.findlaw.com
/us/000/00-1293.html) , full text
courtesy of Findlaw.
127.
^ 514 U.S. 334
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=CASE&
court=US&vol=514&page=334)
Full text of the opinion courtesy
of Findlaw.com.
128.
^ Indianapolis v. Edmond, 531
U.S. 32 (2000)
(http://laws.findlaw.com/us/000
/99-1030.html) . Full text of
opinion courtesy of
Findlaw.com.
129.
^
a
b
c
Safford Unified School
District v. Redding, 557 U. S.
__ (2009). Full text of opinion
courtesy of Findlaw.com.
(http://laws.findlaw.com/us/000
/08-479.html)
130.
^ "Court Says Strip Search of
Ariz. Teenager Illegal"
(http://www.npr.org/templates
/story
/story.php?storyId=105896007&
sc=fb&cc=fp) , Associated
Press via NPR (June 25, 2009).
131.
^
a
b
c
Doggett v. United States,
505 U.S. 647 (1992)
(http://laws.findlaw.com/us/505
/647.html) . Full text of opinion
courtesy of Findlaw.com.
132.
^ Greenburg 2007, p. 123.133.
^
a
b
c
Hudson v. McMillian,
503 U.S. 1 (1992)
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=case&
court=us&vol=503&page=1) .
134.
^ Greenburg 2007, p. 119.135.
^
a
b
Garrow, David (October
25, 2004), "Saving Thomas"
(http://www.davidgarrow-
com.hb2hosting.net
/File/DJG%202004%20TNRCT
F
, The New Republic
136.
^ United States v. Bajakajian,
524 U.S. 321
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=us&
vol=000&invol=96-1487)
(1998).
137.
^
a
b
Yoo, John, Opinion
(October 9, 2007) The Real
Clarence Thomas
(http://online.wsj.com/article
/SB119189308788652936.html)
Wall Street Journal.
138.
^
a
b
c
Elk Grove Unified
School District v. Newdow, 542
U.S. 1 (http://laws.findlaw.com
/us/000/02-1624.html) (2004).
Thomas wrote: "It may well be
the case that anything that would
violate the incorporated
Establishment Clause would
actually violate the Free
Exercise Clause, further calling
into doubt the utility of
incorporating the Establishment
Clause."
139.
^ Cutter v. Wilkinson, 544 U.S.
709 (http://laws.findlaw.com
/us/000/03-9877.html) (2005).
Thomas wrote: "I note, however,
that a state law that would
violate the incorporated
Establishment Clause might also
violate the Free Exercise
Clause."
140.
^ Adarand Constructors, Inc. v.
Peña, 515 U.S. 200
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=US&
vol=000&invol=u10252)
(1995).
141.
^ Gratz v. Bollinger, 539 U.S.
244 (http://supreme.justia.com
142.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
22 of 27 12/23/2011 8:10 P
M
indeed, global, economy, means
that activities that might have
been carried out in relatively
discrete local markets in 1789
are now undoubtedly part of
interstate and international
commerce."
^
a
b
Joondeph, Bradley
"Federalism, the Rehnquist
Court, and the Modern
Republican Party"
(http://papers.ssrn.com
/sol3/papers.cfm?abstract_id=1019648)
, Oregon Law Review, Volume
87 (2008): "Most scholars agree
that federalism was central to
the Rehnquist Court's
constitutional agenda."
117.
^ Althouse, Ann. "Why Talking
About States' Rights Cannot
Avoid the Need for Normative
Federalism Analysis: A
Response to Professors Baker
and Young"
(http://www.law.duke.edu/shell
/cite.pl?51+Duke+L.+J.+363+pdf)
, Duke Law Journal, Volume
51, page 363 (2001).
118.
^
a
b
Greenburg 2007, p. 117.119.
^
a
b
Foucha v. Louisiana, 504
U.S. 71 (1992). Full text of
opinion courtesy of
Findlaw.com.
(http://laws.findlaw.com/us/504
/71.html)
120.
^ Ost, Harriet. "U.S. Supreme
Court: Chicago's gun ban struck
down (http://www.upi.com
/Top_News/US/2010/06/28
/US-Supreme-Court-Chicagos-
gun-ban-struck-down/UPI-
18071277761369) ", United
Press International (June 28,
2010).
121.
^ McDonald v. Chicago slip
opinion from the U.S. Supreme
Court
(http://www.supremecourt.gov
/opinions/09pdf/08-1521.pdf)
122.
^ Hamdi v. Rumsfeld, 542 U.S.
507 (2004). Full text of opinion
courtesy of Findlaw.com.
(http://caselaw.lp.findlaw.com
/scripts
123.
/getcase.pl?navby=CASE&
court=US&vol=542&page=507)
^ Hamdan v. Rumsfeld, 548
U.S. 557 (2006).
(http://supreme.vlex.com
/vid/hamdan-v-rumsfeld-
320635)
124.
^ Volokh, Eugene. "How the
Justices Voted in Free Speech
Cases, 1994–2000"
(http://www.law.ucla.edu/volokh
/howvoted.htm) (Updated), 48
UCLA L. Rev. 1191 (2001).
125.
^ Morse v. Frederick, 551 U.S.
393 (2007). Full text of opinion
courtesy of Findlaw.com.
(http://laws.findlaw.com/us/000
/06-278.html)
126.
^ American Civil Liberties
Union v. Ashcroft, 535 U.S. 564
(2002) (http://laws.findlaw.com
/us/000/00-1293.html) , full text
courtesy of Findlaw.
127.
^ 514 U.S. 334
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=CASE&
court=US&vol=514&page=334)
Full text of the opinion courtesy
of Findlaw.com.
128.
^ Indianapolis v. Edmond, 531
U.S. 32 (2000)
(http://laws.findlaw.com/us/000
/99-1030.html) . Full text of
opinion courtesy of
Findlaw.com.
129.
^
a
b
c
Safford Unified School
District v. Redding, 557 U. S.
__ (2009). Full text of opinion
courtesy of Findlaw.com.
(http://laws.findlaw.com/us/000
/08-479.html)
130.
^ "Court Says Strip Search of
Ariz. Teenager Illegal"
(http://www.npr.org/templates
/story
/story.php?storyId=105896007&
sc=fb&cc=fp) , Associated
Press via NPR (June 25, 2009).
131.
^
a
b
c
Doggett v. United States,
505 U.S. 647 (1992)
(http://laws.findlaw.com/us/505
/647.html) . Full text of opinion
courtesy of Findlaw.com.
132.
^ Greenburg 2007, p. 123.133.
^
a
b
c
Hudson v. McMillian,
503 U.S. 1 (1992)
(http://caselaw.lp.findlaw.com
/scripts
/getcase.pl?navby=case&
court=us&vol=503&page=1) .
134.
^ Greenburg 2007, p. 119.135.
^
a
b
Garrow, David (October
25, 2004), "Saving Thomas"
(http://www.davidgarrow-
com.hb2hosting.net
/File/DJG%202004%20TNRCT
F
, The New Republic
136.
^ United States v. Bajakajian,
524 U.S. 321
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=us&
vol=000&invol=96-1487)
(1998).
137.
^
a
b
Yoo, John, Opinion
(October 9, 2007) The Real
Clarence Thomas
(http://online.wsj.com/article
/SB119189308788652936.html)
Wall Street Journal.
138.
^
a
b
c
Elk Grove Unified
School District v. Newdow, 542
U.S. 1 (http://laws.findlaw.com
/us/000/02-1624.html) (2004).
Thomas wrote: "It may well be
the case that anything that would
violate the incorporated
Establishment Clause would
actually violate the Free
Exercise Clause, further calling
into doubt the utility of
incorporating the Establishment
Clause."
139.
^ Cutter v. Wilkinson, 544 U.S.
709 (http://laws.findlaw.com
/us/000/03-9877.html) (2005).
Thomas wrote: "I note, however,
that a state law that would
violate the incorporated
Establishment Clause might also
violate the Free Exercise
Clause."
140.
^ Adarand Constructors, Inc. v.
Peña, 515 U.S. 200
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=US&
vol=000&invol=u10252)
(1995).
141.
^ Gratz v. Bollinger, 539 U.S.
244 (http://supreme.justia.com
142.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
22 of 27 12/23/2011 8:10 P
M
/us/539/244/case.html) (2003).
^
a
b
Parents Involved in
Community Schools v. Seattle
School District No. 1, 551 U.S.
701 (http://laws.findlaw.com
/us/000/05-908.html) (2007).
143.
^ Grutter v. Bollinger, 539 U.S.
306
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=US&
vol=000&invol=02-241) (2003).
144.
^
a
b
c
Planned Parenthood v.
Casey, 505 U.S. 833
(http://laws.findlaw.com/us/505
/833.html) (1992).
145.
^ Stenberg v. Carhart, 530 U.S.
914 (http://laws.findlaw.com
/us/000/99-830.html) (2000).
146.
^
a
b
c
Gonzales v. Carhart, 550
U.S. 124
(http://laws.findlaw.com/us/000
/05-380.html) (2007).
147.
^ Lawrence v. Texas, 539 U.S.
558 (http://supreme.justia.com
/us/539/558/case.html#605) ,
605 (2003).
148.
^ "Romer v. Evans"
(http://www.oyez.org/cases
/1990-1999
/1995/1995_94_1039) . The
Oyez Project.
http://www.oyez.org/cases
/1990-1999
/1995/1995_94_1039. Retrieved
April 11, 2010.
149.
^ "Activism Is in the Eye of the
Ideologist"
(http://www.nytimes.com
/2006/09/11/opinion
/11mon2.html?_r=2&
n=Top%2FOpinion%2FEditorials%20and%20Op-
Ed%2FEditorials) (Editorial),
New York Times (September 11,
2006).
150.
^ Opinion of Thomas, J.
NORTHWEST AUSTIN
MUNICIPAL UTILITY
DISTRICT NUMBER ONE v.
ERIC H. HOLDER, Jr.,
ATTORNEY GENERAL (June
22, 2009) Full text courtesy of
(http://www.law.cornell.edu
/supct/html/08-322.ZX.html)
Cornell University Law School.
151.
^
a
b
Liptak, Adam "No152.
Argument: Thomas Keeps
5-Year Silence"
(http://www.nytimes.com
/2011/02/13/us
/13thomas.html?_r=1&hp) , The
New York Times, February 12,
2011, accessed February 13,
2011
^ "Justice Clarence Thomas"
(http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html?ex=119095200
0&en=24434907b359c2fd&
ei=5070) . The New York
Times. December 14, 2000.
http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html?ex=119095200
0&en=24434907b359c2fd&
ei=5070. Retrieved November
8, 2010.
153.
^ Bedard, Paul (November 29,
2007). "This Is Not Perry
Mason"
(http://www.usnews.com/blogs
/washington-whispers/2007/11
/29/this-is-not-perry-
mason.html) . Washington
Whispers. U.S. News & World
Report.
154.
^ Patterson, Orlando (June 17,
2007), "Thomas Agonistes"
(http://www.nytimes.com
/2007/06/17/books/review
/Patterson-t.html?_r=1&
pagewanted=2.) , The New York
Times, p. 2 retrieved April 28,
2010
155.
^ Garrow, David (October 6,
1996). "The Rehnquist Reins"
(http://query.nytimes.com
/gst/fullpage.html?res=9E04E3DB153CF935A35753C1A960958260&
sec=&spon=&pagewanted=5) .
New York Times Magazine.
156.
^
a
b
Toobin 2007, pp. 106–107.157.
^ Merida, Kevin; Fletcher,
Michael A. (April 22, 2007).
"Justice Thomas's Life A
Tangle of Poverty, Privilege and
Race"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/04
/21/AR2007042101475.html) .
The Washington Post.
http://www.washingtonpost.com
158.
/wp-dyn/content/article/2007/04
/21/AR2007042101475.html.
Retrieved April 20, 2009.
^ Toobin 2007, pp. 111–112.159.
^ "Justice Thomas marches to
own tune"
(http://www.usatoday.com
/news/washington/sept01
/2001-09-03-thomas.htm) , USA
Today, Associated Press,
September 3, 2001.
160.
^ Foskett 2004, p. 303.161.
^ Hennessey, Kathleen (March
14, 2010). "Justice's wife
launches 'tea party' group"
(http://www.latimes.com
/news/nation-and-world/la-na-
thomas14-2010mar14,0,650538
4.story) . Los Angeles Times.
http://www.latimes.com
/news/nation-and-world/la-na-
thomas14-2010mar14,0,650538
4.story. Retrieved March 15,
2010.
162.
^ Vogel, Kenneth; Cogan,
Marin; Bresnahan, John
(February 4, 2011). "Justice
Thomas's wife Virginia Thomas
now a lobbyist"
(http://www.politico.com
/news/stories/0211/48812.html)
. Politico.
http://www.politico.com
/news/stories/0211/48812.html.
Retrieved February 4, 2011.
163.
^ Lichtblau, Eric (February 4,
2011). "Justice Thomas's Wife
Sets Up a Conservative
Lobbying Shop"
(http://www.nytimes.com
/2011/02/05/us/politics
/05thomas.html) . The New Yor
k
Times. http://www.nytimes.com
/2011/02/05/us/politics
/05thomas.html. Retrieved
February 4, 2011.
164.
^ Olson, Carl (October 1,
2007). "Did Clarence Thomas
just say he's not Catholic?"
(http://insightscoop.typepad.com
/2004/2007/10/did-clarence-
th.html) . Insight Scoop: The
Ignatius Press Blog.
http://insightscoop.typepad.com
/2004/2007/10/did-clarence-
165.
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M
^
a
b
Parents Involved in
Community Schools v. Seattle
School District No. 1, 551 U.S.
701 (http://laws.findlaw.com
/us/000/05-908.html) (2007).
143.
^ Grutter v. Bollinger, 539 U.S.
306
(http://caselaw.lp.findlaw.com
/scripts/getcase.pl?court=US&
vol=000&invol=02-241) (2003).
144.
^
a
b
c
Planned Parenthood v.
Casey, 505 U.S. 833
(http://laws.findlaw.com/us/505
/833.html) (1992).
145.
^ Stenberg v. Carhart, 530 U.S.
914 (http://laws.findlaw.com
/us/000/99-830.html) (2000).
146.
^
a
b
c
Gonzales v. Carhart, 550
U.S. 124
(http://laws.findlaw.com/us/000
/05-380.html) (2007).
147.
^ Lawrence v. Texas, 539 U.S.
558 (http://supreme.justia.com
/us/539/558/case.html#605) ,
605 (2003).
148.
^ "Romer v. Evans"
(http://www.oyez.org/cases
/1990-1999
/1995/1995_94_1039) . The
Oyez Project.
http://www.oyez.org/cases
/1990-1999
/1995/1995_94_1039. Retrieved
April 11, 2010.
149.
^ "Activism Is in the Eye of the
Ideologist"
(http://www.nytimes.com
/2006/09/11/opinion
/11mon2.html?_r=2&
n=Top%2FOpinion%2FEditorials%20and%20Op-
Ed%2FEditorials) (Editorial),
New York Times (September 11,
2006).
150.
^ Opinion of Thomas, J.
NORTHWEST AUSTIN
MUNICIPAL UTILITY
DISTRICT NUMBER ONE v.
ERIC H. HOLDER, Jr.,
ATTORNEY GENERAL (June
22, 2009) Full text courtesy of
(http://www.law.cornell.edu
/supct/html/08-322.ZX.html)
Cornell University Law School.
151.
^
a
b
Liptak, Adam "No152.
Argument: Thomas Keeps
5-Year Silence"
(http://www.nytimes.com
/2011/02/13/us
/13thomas.html?_r=1&hp) , The
New York Times, February 12,
2011, accessed February 13,
2011
^ "Justice Clarence Thomas"
(http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html?ex=119095200
0&en=24434907b359c2fd&
ei=5070) . The New York
Times. December 14, 2000.
http://www.nytimes.com
/2000/12/14/politics
/14TWOR.html?ex=119095200
0&en=24434907b359c2fd&
ei=5070. Retrieved November
8, 2010.
153.
^ Bedard, Paul (November 29,
2007). "This Is Not Perry
Mason"
(http://www.usnews.com/blogs
/washington-whispers/2007/11
/29/this-is-not-perry-
mason.html) . Washington
Whispers. U.S. News & World
Report.
154.
^ Patterson, Orlando (June 17,
2007), "Thomas Agonistes"
(http://www.nytimes.com
/2007/06/17/books/review
/Patterson-t.html?_r=1&
pagewanted=2.) , The New York
Times, p. 2 retrieved April 28,
2010
155.
^ Garrow, David (October 6,
1996). "The Rehnquist Reins"
(http://query.nytimes.com
/gst/fullpage.html?res=9E04E3DB153CF935A35753C1A960958260&
sec=&spon=&pagewanted=5) .
New York Times Magazine.
156.
^
a
b
Toobin 2007, pp. 106–107.157.
^ Merida, Kevin; Fletcher,
Michael A. (April 22, 2007).
"Justice Thomas's Life A
Tangle of Poverty, Privilege and
Race"
(http://www.washingtonpost.com
/wp-dyn/content/article/2007/04
/21/AR2007042101475.html) .
The Washington Post.
http://www.washingtonpost.com
158.
/wp-dyn/content/article/2007/04
/21/AR2007042101475.html.
Retrieved April 20, 2009.
^ Toobin 2007, pp. 111–112.159.
^ "Justice Thomas marches to
own tune"
(http://www.usatoday.com
/news/washington/sept01
/2001-09-03-thomas.htm) , USA
Today, Associated Press,
September 3, 2001.
160.
^ Foskett 2004, p. 303.161.
^ Hennessey, Kathleen (March
14, 2010). "Justice's wife
launches 'tea party' group"
(http://www.latimes.com
/news/nation-and-world/la-na-
thomas14-2010mar14,0,650538
4.story) . Los Angeles Times.
http://www.latimes.com
/news/nation-and-world/la-na-
thomas14-2010mar14,0,650538
4.story. Retrieved March 15,
2010.
162.
^ Vogel, Kenneth; Cogan,
Marin; Bresnahan, John
(February 4, 2011). "Justice
Thomas's wife Virginia Thomas
now a lobbyist"
(http://www.politico.com
/news/stories/0211/48812.html)
. Politico.
http://www.politico.com
/news/stories/0211/48812.html.
Retrieved February 4, 2011.
163.
^ Lichtblau, Eric (February 4,
2011). "Justice Thomas's Wife
Sets Up a Conservative
Lobbying Shop"
(http://www.nytimes.com
/2011/02/05/us/politics
/05thomas.html) . The New Yor
k
Times. http://www.nytimes.com
/2011/02/05/us/politics
/05thomas.html. Retrieved
February 4, 2011.
164.
^ Olson, Carl (October 1,
2007). "Did Clarence Thomas
just say he's not Catholic?"
(http://insightscoop.typepad.com
/2004/2007/10/did-clarence-
th.html) . Insight Scoop: The
Ignatius Press Blog.
http://insightscoop.typepad.com
/2004/2007/10/did-clarence-
165.
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M
th.html. Retrieved December 6,
2009.
^ "Religious affiliation of
Supreme Court justices"
(http://www.adherents.com
/adh_sc.html) Justice Sherman
Minton converted to
Catholicism after his retirement.
James F. Byrnes was raised as a
Catholic, but converted to
Episcopalianism before his
confirmation as a Supreme
Court Justice.
166.
^ Toobin 2007, p. 103.167.
^ Toobin 2007, p. 103–104.168.
^ Barone, Michael (July 12,
2009). "Clarence Thomas: The
courage of his convictions"
(http://www.washingtonexaminer
.com/politics/Clarence-Thomas-
Justice-for-All-50577732.html) .
The Washington Examiner.
169.
http://www.washingtonexaminer.
com/politics/Clarence-Thomas-
Justice-for-All-50577732.html.
Retrieved May 23, 2010.
^ Geiger, Kim (January 22,
2011). "Clarence Thomas failed
to report wife's income,
watchdog says"
(http://www.latimes.com
/news/nationworld/nation/la-na-
thomas-disclosure-
20110122,0,2413407.story) .
Los Angeles Times.
http://www.latimes.com
/news/nationworld/nation/la-na-
thomas-disclosure-
20110122,0,2413407.story.
Retrieved January 23, 2011.
170.
^ Lichtblau, Eric (January 24,
2011). "Thomas Cites Failure to
Disclose Wife’s Job"
(http://www.nytimes.com
171.
/2011/01/25/us/politics
/25thomas.html) . The New Yor
k
Times. http://www.nytimes.com
/2011/01/25/us/politics
/25thomas.html. Retrieved
January 29, 2011.
^ Camia, Catalina (January 24,
2011). "Clarence Thomas fixes
reports to include wife's pay"
(http://content.usatoday.com
/communities/onpolitics
/post/2011/01/clarence-thomas-
supreme-court-financial-
report-/1) . USA Today.
http://content.usatoday.com
/communities/onpolitics
/post/2011/01/clarence-thomas-
supreme-court-financial-
report-/1. Retrieved February 5,
2011.
172.
Foskett, Ken (2004). Judging Thomas: The Life and Times of Clarence Thomas. William Morrow.
ISBN 978-0-06-052721-1.
Greenburg, Jan Crawford (2007). Supreme Conflict: The Inside Story of the Struggle for Control of
the United States Supreme Court. Penguin Group. ISBN 978-1-59420-101-1.
Toobin, Jeffrey (2007). The Nine: Inside the Secret World of the Supreme Court. Random House.
ISBN 978-0-385-51640-2.
Abraham, Henry J. (2007). Justices, Presidents,
and Senators: A History of the U.S. Supreme
Court Appointments from Washington to Bush II
(5th ed.). Rowman & Littlefield Publishers.
ISBN 978-0-7425-5895-3.
Brooks, Roy L. (2008). Structures of Judicial
Decision Making from Legal Formalism to
Critical Theory (2nd ed.). Durham, N.C.:
Carolina Academic Press.
ISBN 978-1-59460-123-1.
Carp, Dylan (September 1998). "Out of Scalia's Shadow" (http://web.archive.org
/web/20060213182727/http:
//www.libertysoft.com/liberty/features
/67carp.html) . Liberty. Archived from the
original (http://www.libertysoft.com/liberty
/features/67carp.html) on February 13, 2006.
http://web.archive.org/web/20060213182727
/http://www.libertysoft.com/liberty/features
/67carp.html.
Cushman, Clare, ed (2001). The Supreme Court
Justices: Illustrated Biographies,1789–1995
(2nd ed.). Supreme Court Historical Society,
Congressional Quarterly Books.
ISBN 978-1-56802-126-3.
Foskett, Ken (2004). Judging Thomas: The Life
and Times of Clarence Thomas. William
Morrow. ISBN 978-0-06-052721-1.
Frank, John P. (1995). Friedman, Leon; Israel, Fred L.. eds. The Justices of the United States
Supreme Court: Their Lives and Major
Opinions. Chelsea House Publishers.
ISBN 978-0-7910-1377-9.
Gerber, Scott D (1999). First Principles: The
Jurisprudence of Clarence Thomas. New York
University Press. ISBN 978-0-8147-3099-7.
Greenburg, Jan Crawford (2007). Supreme
Conflict: The Inside Story of the Struggle for
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
24 of 27 12/23/2011 8:10 PM
2009.
^ "Religious affiliation of
Supreme Court justices"
(http://www.adherents.com
/adh_sc.html) Justice Sherman
Minton converted to
Catholicism after his retirement.
James F. Byrnes was raised as a
Catholic, but converted to
Episcopalianism before his
confirmation as a Supreme
Court Justice.
166.
^ Toobin 2007, p. 103.167.
^ Toobin 2007, p. 103–104.168.
^ Barone, Michael (July 12,
2009). "Clarence Thomas: The
courage of his convictions"
(http://www.washingtonexaminer
.com/politics/Clarence-Thomas-
Justice-for-All-50577732.html) .
The Washington Examiner.
169.
http://www.washingtonexaminer.
com/politics/Clarence-Thomas-
Justice-for-All-50577732.html.
Retrieved May 23, 2010.
^ Geiger, Kim (January 22,
2011). "Clarence Thomas failed
to report wife's income,
watchdog says"
(http://www.latimes.com
/news/nationworld/nation/la-na-
thomas-disclosure-
20110122,0,2413407.story) .
Los Angeles Times.
http://www.latimes.com
/news/nationworld/nation/la-na-
thomas-disclosure-
20110122,0,2413407.story.
Retrieved January 23, 2011.
170.
^ Lichtblau, Eric (January 24,
2011). "Thomas Cites Failure to
Disclose Wife’s Job"
(http://www.nytimes.com
171.
/2011/01/25/us/politics
/25thomas.html) . The New Yor
k
Times. http://www.nytimes.com
/2011/01/25/us/politics
/25thomas.html. Retrieved
January 29, 2011.
^ Camia, Catalina (January 24,
2011). "Clarence Thomas fixes
reports to include wife's pay"
(http://content.usatoday.com
/communities/onpolitics
/post/2011/01/clarence-thomas-
supreme-court-financial-
report-/1) . USA Today.
http://content.usatoday.com
/communities/onpolitics
/post/2011/01/clarence-thomas-
supreme-court-financial-
report-/1. Retrieved February 5,
2011.
172.
Foskett, Ken (2004). Judging Thomas: The Life and Times of Clarence Thomas. William Morrow.
ISBN 978-0-06-052721-1.
Greenburg, Jan Crawford (2007). Supreme Conflict: The Inside Story of the Struggle for Control of
the United States Supreme Court. Penguin Group. ISBN 978-1-59420-101-1.
Toobin, Jeffrey (2007). The Nine: Inside the Secret World of the Supreme Court. Random House.
ISBN 978-0-385-51640-2.
Abraham, Henry J. (2007). Justices, Presidents,
and Senators: A History of the U.S. Supreme
Court Appointments from Washington to Bush II
(5th ed.). Rowman & Littlefield Publishers.
ISBN 978-0-7425-5895-3.
Brooks, Roy L. (2008). Structures of Judicial
Decision Making from Legal Formalism to
Critical Theory (2nd ed.). Durham, N.C.:
Carolina Academic Press.
ISBN 978-1-59460-123-1.
Carp, Dylan (September 1998). "Out of Scalia's Shadow" (http://web.archive.org
/web/20060213182727/http:
//www.libertysoft.com/liberty/features
/67carp.html) . Liberty. Archived from the
original (http://www.libertysoft.com/liberty
/features/67carp.html) on February 13, 2006.
http://web.archive.org/web/20060213182727
/http://www.libertysoft.com/liberty/features
/67carp.html.
Cushman, Clare, ed (2001). The Supreme Court
Justices: Illustrated Biographies,1789–1995
(2nd ed.). Supreme Court Historical Society,
Congressional Quarterly Books.
ISBN 978-1-56802-126-3.
Foskett, Ken (2004). Judging Thomas: The Life
and Times of Clarence Thomas. William
Morrow. ISBN 978-0-06-052721-1.
Frank, John P. (1995). Friedman, Leon; Israel, Fred L.. eds. The Justices of the United States
Supreme Court: Their Lives and Major
Opinions. Chelsea House Publishers.
ISBN 978-0-7910-1377-9.
Gerber, Scott D (1999). First Principles: The
Jurisprudence of Clarence Thomas. New York
University Press. ISBN 978-0-8147-3099-7.
Greenburg, Jan Crawford (2007). Supreme
Conflict: The Inside Story of the Struggle for
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
24 of 27 12/23/2011 8:10 PM
Control of the United States Supreme Court.
Penguin Group (USA). ISBN 978-1-59420-101-1.
Hall, Kermit L., ed (1992). The Oxford
Companion to the Supreme Court of the United
States. New York: Oxford University Press.
ISBN 978-0-19-505835-2.
Holzer, Henry Mark (2006). Supreme Court
Opinions of Clarence Thomas 1991–2006: A
Conservative's Perspective. Madison Press.
ISBN 978-1-59113-911-9.
Lazarus, Edward (January 6, 2005). "Will Clarence Thomas Be the Court's Next Chief
Justice?" (http://writ.news.findlaw.com/lazarus
/20050106.html) . FindLaw.
http://writ.news.findlaw.com/lazarus
/20050106.html. Retrieved May 15, 2010.
Mayer, Jane; Abramson, Jill (1994). Strange
Justice: The Selling of Clarence Thomas.
Houghton Mifflin. ISBN 978-0-452-27499-0.
Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography.
Congressional Quarterly Books.
ISBN 978-0-87187-554-9.
Onwuachi-Willig, Angela (January 2005). "Just
Another Brother on the SCT?: What Justice Clarence Thomas Teaches Us About the
Influence of Racial Identity". Iowa Law Review
(University of Iowa College of Law) 90: 931..
Available online at SSRN 638281
(http://ssrn.com/abstract=638281)
Presser, Stephen B. (January, February 2005).
"Touting Thomas: The Truth about America's
Most Maligned Justice"
(http://www.legalaffairs.org/issues/January-
February-2005/review_presser_janfeb05.msp) .
Legal Affairs. http://www.legalaffairs.org/issues
/January-February-
2005/review_presser_janfeb05.msp. Retrieved
May 15, 2010.
Thomas, Andrew Peyton (2001). Clarence
Thomas: A Biography. Encounter Books.
ISBN 978-1-893554-36-8.
Urofsky, Melvin I. (1994). The Supreme Court
Justices: A Biographical Dictionary. New York:
Garland Publishing. ISBN 978-0-8153-1176-8.
Woodward, Robert; Armstrong, Scott (1979). The
Brethren: Inside the Supreme Court. New York:
Simon and Schuster. ISBN 978-0-671-24110-0.
Supreme Court (http://www.supremecourt.gov/) official site with biographies
(http://www.supremecourt.gov/about/biographies.aspx)
Profile (http://www.fjc.gov/servlet/nGetInfo?jid=2362) at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center
Legal resources (http://www.loc.gov/law/find/court-confirmed.php#thomas) at the Law Library of Congress
Biography and writings (http://www.law.cornell.edu/supct/justices/thomas.bio.html) at the Legal Information Institute
Profile (http://www.oyez.org/justices/clarence_thomas) at the Oyez Project
Appearances (http://www.c-spanvideo.org/clarencethomas) on C-SPAN
Profile (http://www.imdb.com/name/nm1236813) at the Internet Movie Database
Financial information (http://www.opensecrets.org/pfds/candlook.php?CID=N99999918) at
OpenSecrets.org
Collected news and commentary (http://topics.nytimes.com/top/reference/timestopics/people /t/clarence_thomas) at The New York Times
Works by or about Clarence Thomas (http://www.worldcat.org/identities/lccn-n82-137324) in libraries
(WorldCat catalog)
Profile (http://www.nndb.com/people/906/000024834) at Notable Names Database
About.com Quinn, Justin, A Profile of Clarence Thomas (http://usconservatives.about.com
/od/champions/p/ThomasBio.htm) at About.com U.S. Conservative Politics
Clarence Thomas at the 2007 Annual National Lawyers Convention – November 2007. (http://fora.tv /2007/11/15/Supreme_Court_Justice_Clarence_Thomas/)
Cornell Law School Biography of Clarence Thomas. (http://straylight.law.cornell.edu/supct/justices /thomas.bio.html)
Michael Ariens, Clarence Thomas. (http://www.michaelariens.com/ConLaw/justices/thomas.htm)
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
25 of 27 12/23/2011 8:10 PM
Penguin Group (USA). ISBN 978-1-59420-101-1.
Hall, Kermit L., ed (1992). The Oxford
Companion to the Supreme Court of the United
States. New York: Oxford University Press.
ISBN 978-0-19-505835-2.
Holzer, Henry Mark (2006). Supreme Court
Opinions of Clarence Thomas 1991–2006: A
Conservative's Perspective. Madison Press.
ISBN 978-1-59113-911-9.
Lazarus, Edward (January 6, 2005). "Will Clarence Thomas Be the Court's Next Chief
Justice?" (http://writ.news.findlaw.com/lazarus
/20050106.html) . FindLaw.
http://writ.news.findlaw.com/lazarus
/20050106.html. Retrieved May 15, 2010.
Mayer, Jane; Abramson, Jill (1994). Strange
Justice: The Selling of Clarence Thomas.
Houghton Mifflin. ISBN 978-0-452-27499-0.
Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography.
Congressional Quarterly Books.
ISBN 978-0-87187-554-9.
Onwuachi-Willig, Angela (January 2005). "Just
Another Brother on the SCT?: What Justice Clarence Thomas Teaches Us About the
Influence of Racial Identity". Iowa Law Review
(University of Iowa College of Law) 90: 931..
Available online at SSRN 638281
(http://ssrn.com/abstract=638281)
Presser, Stephen B. (January, February 2005).
"Touting Thomas: The Truth about America's
Most Maligned Justice"
(http://www.legalaffairs.org/issues/January-
February-2005/review_presser_janfeb05.msp) .
Legal Affairs. http://www.legalaffairs.org/issues
/January-February-
2005/review_presser_janfeb05.msp. Retrieved
May 15, 2010.
Thomas, Andrew Peyton (2001). Clarence
Thomas: A Biography. Encounter Books.
ISBN 978-1-893554-36-8.
Urofsky, Melvin I. (1994). The Supreme Court
Justices: A Biographical Dictionary. New York:
Garland Publishing. ISBN 978-0-8153-1176-8.
Woodward, Robert; Armstrong, Scott (1979). The
Brethren: Inside the Supreme Court. New York:
Simon and Schuster. ISBN 978-0-671-24110-0.
Supreme Court (http://www.supremecourt.gov/) official site with biographies
(http://www.supremecourt.gov/about/biographies.aspx)
Profile (http://www.fjc.gov/servlet/nGetInfo?jid=2362) at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center
Legal resources (http://www.loc.gov/law/find/court-confirmed.php#thomas) at the Law Library of Congress
Biography and writings (http://www.law.cornell.edu/supct/justices/thomas.bio.html) at the Legal Information Institute
Profile (http://www.oyez.org/justices/clarence_thomas) at the Oyez Project
Appearances (http://www.c-spanvideo.org/clarencethomas) on C-SPAN
Profile (http://www.imdb.com/name/nm1236813) at the Internet Movie Database
Financial information (http://www.opensecrets.org/pfds/candlook.php?CID=N99999918) at
OpenSecrets.org
Collected news and commentary (http://topics.nytimes.com/top/reference/timestopics/people /t/clarence_thomas) at The New York Times
Works by or about Clarence Thomas (http://www.worldcat.org/identities/lccn-n82-137324) in libraries
(WorldCat catalog)
Profile (http://www.nndb.com/people/906/000024834) at Notable Names Database
About.com Quinn, Justin, A Profile of Clarence Thomas (http://usconservatives.about.com
/od/champions/p/ThomasBio.htm) at About.com U.S. Conservative Politics
Clarence Thomas at the 2007 Annual National Lawyers Convention – November 2007. (http://fora.tv /2007/11/15/Supreme_Court_Justice_Clarence_Thomas/)
Cornell Law School Biography of Clarence Thomas. (http://straylight.law.cornell.edu/supct/justices /thomas.bio.html)
Michael Ariens, Clarence Thomas. (http://www.michaelariens.com/ConLaw/justices/thomas.htm)
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
25 of 27 12/23/2011 8:10 PM
Outline of the Anita Hill and Clarence Thomas Controversy (http://chnm.gmu.edu/courses/122/hill
/hillframe.htm)
Overview of Personal Memoir (http://www.mygrandfathersson.com/)
Oyez, Official Supreme Court media, Clarence Thomas biography. (http://www.oyez.org/justices
/clarence_thomas)
How to Read the Constitution (http://online.wsj.com/article/SB122445985683948619.html) Excerpt
from Thomas's Walter B. Wriston Lecture to the Manhattan Institute in October 2008
Transcripts of Senate Judiciary Committee Hearing on the Nomination of Clarence Thomas to the Supreme Court (http://etext.lib.virginia.edu/users/yitna/)
Washington Post article about Thomas (http://www.washingtonpost.com/wp-dyn/content/article /2007/04/21/AR2007042101475.html)
New Yorker Magazine: "Partners: Will Clarence and Virginia Thomas succeed in killing Obama’s
health-care plan?" (http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin) by
Jeffrey Toobin - August 29, 2011
Political offices
Preceded by
Eleanor Holmes Norton
Chairperson of the Equal Employment
Opportunity Commission
1982–1990
Succeeded by
Evan Kemp
Legal offices
Preceded by
Robert Bork
Judge of the Court of Appeals for the
District of Columbia Circuit
1990–1991
Succeeded by
Judith Rogers
Preceded by
Thurgood Marshall
Associate Justice of the Supreme Court of
the United States
1991–present
Incumbent
United States order of precedence
Preceded by
Anthony Kennedy
as Associate Justice of the Supreme
Court
Order of Precedence of the United States
as Associate Justice of the Supreme Court
Succeeded by
Ruth Bader Ginsburg
as Associate Justice of the Supreme
Court
Retrieved from "http://en.wikipedia.org/w/index.php?title=Clarence_Thomas&oldid=464670624"
Categories: 1948 births
African-American CatholicsAfrican American judges
African American memoiristsChairs of the Equal Employment Opportunity Commission
College of the Holy Cross alumniConservatism in the United StatesFederalist Society members
Georgia (U.S. state) lawyersGullahJudges of the United States Court of Appeals for the D.C. Circuit
Living peoplePeople from Chatham County, GeorgiaPeople from McLean, Virginia
People from Savannah, GeorgiaPeople from St. Louis, MissouriPeople from Washington, D.C.
United States court of appeals judges appointed by George H. W. Bush
United States federal judges appointed by George H. W. BushUnited States Supreme Court justices
Yale Law School alumni
This page was last modified on 8 December 2011 at 00:30.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may
apply. See Terms of use for details.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
26 of 27 12/23/2011 8:10 PM
/hillframe.htm)
Overview of Personal Memoir (http://www.mygrandfathersson.com/)
Oyez, Official Supreme Court media, Clarence Thomas biography. (http://www.oyez.org/justices
/clarence_thomas)
How to Read the Constitution (http://online.wsj.com/article/SB122445985683948619.html) Excerpt
from Thomas's Walter B. Wriston Lecture to the Manhattan Institute in October 2008
Transcripts of Senate Judiciary Committee Hearing on the Nomination of Clarence Thomas to the Supreme Court (http://etext.lib.virginia.edu/users/yitna/)
Washington Post article about Thomas (http://www.washingtonpost.com/wp-dyn/content/article /2007/04/21/AR2007042101475.html)
New Yorker Magazine: "Partners: Will Clarence and Virginia Thomas succeed in killing Obama’s
health-care plan?" (http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin) by
Jeffrey Toobin - August 29, 2011
Political offices
Preceded by
Eleanor Holmes Norton
Chairperson of the Equal Employment
Opportunity Commission
1982–1990
Succeeded by
Evan Kemp
Legal offices
Preceded by
Robert Bork
Judge of the Court of Appeals for the
District of Columbia Circuit
1990–1991
Succeeded by
Judith Rogers
Preceded by
Thurgood Marshall
Associate Justice of the Supreme Court of
the United States
1991–present
Incumbent
United States order of precedence
Preceded by
Anthony Kennedy
as Associate Justice of the Supreme
Court
Order of Precedence of the United States
as Associate Justice of the Supreme Court
Succeeded by
Ruth Bader Ginsburg
as Associate Justice of the Supreme
Court
Retrieved from "http://en.wikipedia.org/w/index.php?title=Clarence_Thomas&oldid=464670624"
Categories: 1948 births
African-American CatholicsAfrican American judges
African American memoiristsChairs of the Equal Employment Opportunity Commission
College of the Holy Cross alumniConservatism in the United StatesFederalist Society members
Georgia (U.S. state) lawyersGullahJudges of the United States Court of Appeals for the D.C. Circuit
Living peoplePeople from Chatham County, GeorgiaPeople from McLean, Virginia
People from Savannah, GeorgiaPeople from St. Louis, MissouriPeople from Washington, D.C.
United States court of appeals judges appointed by George H. W. Bush
United States federal judges appointed by George H. W. BushUnited States Supreme Court justices
Yale Law School alumni
This page was last modified on 8 December 2011 at 00:30.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may
apply. See Terms of use for details.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
26 of 27 12/23/2011 8:10 PM
Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
27 of 27 12/23/2011 8:10 PM
Clarence Thomas - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Clarence_Thomas
27 of 27 12/23/2011 8:10 PM
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