Among the many dreadful aspects of Clarence Thomas becoming a member of the US Supreme Court is that he succeeded Thurgood Marshall. Marshall founded and served as executive director of the NAACP Legal Defense and Educational Fund, arguing several cases before SCOTUS, including the landmark “Brown v. Board of Education, which held that racial segregation in public education is a violation of the Equal Protection Clause.”
Thomas, on the other hand, served as chair of the US Equal Employment Opportunity Commission and “halted the usual EEOC approach of filing class-action discrimination lawsuits, instead pursuing acts of individual discrimination,” which are much more difficult to prove. He had little judicial background when George H. W. Bush nominated him to the high court.
The confirmation hearings were reopened after “an FBI interview with lawyer Anita Hill was leaked… Hill, a black attorney, had worked for Thomas… 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.'”
Thomas denied Hill’s allegations, and famously said: “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… 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.”
In the #MeToo era, The Boston Globe asked in 2018, Why is Clarence Thomas still on the Supreme Court? New York magazine suggests impeachment.
And the grounds wouldn’t just be over sexual harassment. Back in 2011, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him. Both he and his late colleague Antonin Scalia probably should have recused themselves in the toxic Citizens United case.
And this from 2013: “Common Cause uncovered that Virginia Thomas earned over $680,000 from the conservative think tank, Heritage Foundation, from 2003 to 2007. Justice Thomas failed to include it on his financial disclosure forms… Once he was caught, Thomas amended 13 years’ worth of disclosure reports to include details of his wife’s income.”
A couple yeas ago, an article from Oyez painted a picture of the justice: “Clarence Thomas is known for his quiet, stoic demeanor during oral arguments and his conservative viewpoint that challenges, if not surpasses, even Scalia’s originalism.
“While many justices use questions to show their opinion on an issue or communicate with the other justices as to their feelings on a case, Thomas remains silent… He has shown his opinions to lean farther right than any other justice on the bench today.”
Birthday is June 23
