Clarence Thomas is such a lost soul that when adverse,
race-sensitive 5-4 Supreme Court rulings are issued, everyone knows
that he has already voted with the conservative majority before the
votes are officially announced. Knowing how Thomas is going to vote on
a case involving race is as reliable as predicting who is going to be
on the next cover of “O” magazine. Still, Thomas’ opinions are
worth reading from time to time if for no other reason than to look at
how he seeks to justify the unjustifiable. The court’s recent decisions
limiting the use of race in pupil assignments in the Seattle and
Louisville school districts lifts yet another curtain on Thomas’
delusional thinking. If you think that’s a harsh assessment,
consider this gem from the court’s lone Black member: “… My view of the
Constitution is Justice Harlan’s view in Plessy: ‘Our Constitution is
color-blind, and neither knows nor tolerates classes among
citizens’…And my view was the rallying cry for the lawyers who
litigated Brown.” Let’s take each comment in reverse order.
First, Thurgood Marshall, the first – and some would argue, the only –
African-American to sit on the court, would turn over in his grave at
the suggestion that he and Clarence Thomas were fighting for the same
issues. They are polar opposites. Both Thomas and Chief Justice John G.
Roberts, Jr. pretend to be acting in the best tradition of the Brown
decision when they ruled against the two school systems that
implemented race-conscious student assignment policies. Roberts
wrote for the majority, “Before Brown, schoolchildren were told where
they could and could not go to school based on the color of their skin.
The school districts in these cases have not carried the heavy burden
of demonstrating that we should allow this once again— even for very
different reasons.” Justice John Paul Stevens, referring to
segregated schools prior to Brown, wrote in his dissent, “The Chief
Justice fails to note that it was only black schoolchildren who were so
ordered; indeed, the history books do not tell stories of white
children struggling to attend black schools. In this and other ways,
the Chief Justice rewrites the history of one of this Court’s most
important decisions.” Misrepresentation is not limited to the
Brown decisions of 1954 and 1955. In falsely claiming to be acting in
the tradition of Justice Harlan, Thomas and his compatriots like to
cite his purported belief in a “color-blind” constitution. Like many
other things, conservatives take the quote out of context. In
1896, in Plessy v. Ferguson, the U.S. Supreme Court upheld a Louisiana
law requiring separate railway cars for Blacks and Whites. In his
dissent, this is what Harlan said: “The white race deems itself
to be the dominant race in this country. And so it is in prestige, in
achievements, in education, in wealth and in power. So, I doubt not, it
will continue to be for all time if it remains true to its great
heritage and holds fast to the principles of constitutional liberty.
But in view of the Constitution, in the eye of the law, there is in
this country no superior, dominant, ruling class of citizens. There is
no caste here. Our Constitution is color-blind, and neither knows nor
tolerates classes among citizens. In respect of civil rights, all
citizens are equal before the law. The humblest is the peer of the most
powerful. The law regards man as man, and takes no account of his
surroundings or of his color when his civil rights as guaranteed by the
supreme law of the land are involved.” Harlan was seeking to
expand constitutional protection, not limit it. The Brown decision
overturned Plessy as the court’s majority unanimously adopted what had
been Harlan’s minority view. In his opinion, a shameless
Clarence Thomas tried to compare justices who backed the Seattle and
Louisville school districts to arch-segregationists who opposed Brown. “The
segregationists in Brown embraced the arguments the Court endorsed in
Plessy,” he wrote. “Though Brown decisively rejected those arguments,
today’s dissent replicates them to a distressing extent….The dissent
argues that ‘weight [must be given] to a local school board’s
knowledge, expertise, and concerns, and with equal vigor, the
segregationists argued deference to local authorities. “…The
dissent argues that today’s decision ‘threatens to substitute for
personal calm a disruptive round of race-related litigation’ and claims
that today’s decision ‘risks serious harm to the law and for the
Nation.’ The segregationists also relied upon the likely practical
consequences of ending the state-imposed system of racial separation…
And foreshadowing today’s dissent, the segregationists most heavily
relied upon judicial precedent.” Thomas declared, “What was wrong in
1954 cannot be right today.” And what’s wrong today is wrong forever.
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Hunger in America
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