As I pointed out in last week’s column, Clarence Thomas has no
compunction about stretching the truth or distorting reality. He
recently compared his Supreme Court colleagues who declared that it was
permissible to take race into consideration when making pupil
assignments in the Seattle and Louisville-area school districts to
ardent segregationists who opposed the 1954 and 1955 Brown v. Board of
Education Supreme Court decisions. In his 36-page concurring
opinion in which the 5-4 conservative majority outlawed such
race-conscious considerations, Thomas expressed some curious views on
integration and the limited instances in which he believes
race-conscious remedies can be constitutionally-justified. Quoting
himself more than 15 times – an average of almost once every other page
– Thomas dismisses a body of scholarly evidence on the value of
integration to both Blacks and Whites, preferring instead to cite the
agenda-driven views of such well-known conservatives as Thomas Sowell
and Abigail and Stephan Thernstrom. Taking that approach, perhaps
it shouldn’t be surprising that he wrote, “As a general rule, all
race-based government decision-making – regardless of context – is
unconstitutional.” He argued, “This Court has carved out a narrow
exception to that general rule for cases in which a school district has
a ‘history of maintaining two sets of schools in a single school system
deliberately operated to carry out a government policy to separate
pupils in schools solely on the basis of race.’” Thomas was
quoting the 1971 Swann v. Charlotte-Mecklenburg Board of Education
ruling. However, he conveniently ignores this section of that same
majority opinion: “School authorities are traditionally charged
with broad power to formulate and implement educational policy and
might conclude, for example, that in order to prepare students to live
in a pluralistic society each school should have a prescribed ratio of
Negro to white students reflecting the proportion for the district as a
whole. To do this as an educational policy is within the broad
discretionary power of school authorities.” Thomas takes the
position that any racial separation caused by anything other than de
jure segregation – a situation that he calls racial balancing -- is
beyond the jurisdiction of the Supreme Court. “Racial imbalance
is the failure of a school district’s individual schools to match or
approximate the demographic makeup of the student population at large,”
Thomas wrote. “…Racial imbalance is not segregation. Although presently
observed racial imbalance might result from de jure segregation, racial
imbalance can also result from any number of innocent private
decisions, including voluntary housing choices.” What can schools do about segregated housing patterns and de facto segregation? In Thomas’ view, nothing. “This
court does not sit to ‘create a society that includes all Americans’ or
to solve the problems of ‘troubled inner city schooling,’” Thomas
declared. “We are not social engineers.” Justice Anthony M.
Kennedy, who voted with Thomas in the school cases, does not share his
narrow view. He wrote, “It is permissible to consider the racial makeup
of schools and to adopt general policies to encourage a diverse student
body, one aspect of which is its racial composition.” In
questioning the value of school desegregation, Thomas wrote, “In
reality, it is far from apparent that coerced racial mixing has any
educational benefits, much less that integration is necessary to black
achievement.” Thomas dismissed the notion that interaction
between Blacks and Whites is more likely to occur in an integrated
setting. He said, “There is no guarantee, however, that students of
different races in the same school will actually spend time with one
another…Simply putting students together under the same roof does not
necessarily mean that the students will learn together or even
interact. Furthermore, it is unclear whether increased interracial
contact improves racial attitudes and relations.” Many scholars disagree. In
one friend-of-the court brief, 553 social scientists stated: “Racially
integrated schools prepare students to be effective citizens in our
pluralistic society, further social cohesion, and reinforce democratic
values. They promote cross-racial understanding, reduce prejudice,
improve critical thinking skills and academic achievement, and enhance
life opportunities for students of all races. Communities also benefit
from a potential workforce that is better prepared for a global
economy, reduced residential segregation, and increased parental
involvement in schools – all of which increase the stability of
communities.” It is ironic that Thomas would rule out the use of
race in all but the most extreme circumstances when he has advanced all
the way to the Supreme Court largely because of his race. In
their book, “Supreme Discomfort: The Divided Soul of Clarence Thomas,”
Kevin Merida and Michael A. Fletcher observe: “Every Thomas employer,
from Danforth, who gave him his first job, to President George H.W.
Bush, who nominated him to the Supreme Court, chose Thomas at least
partly because he is black. Race is a central fact of his meteoric
rise, and Thomas has alternately denied it and resented it –all the way
to the top.”
Next Column:
Clarence Thomas: a Lost Cause – Part I
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