Not surprisingly, I have been accused of being too hard on Clarence
Thomas. As editor-in-chief of "Emerge: Black America’s Newsmagazine," I
placed him on the November 1993 cover adorned with an Aunt Jemima-like
handkerchief on his head. Exactly two years later, we outfitted him in
appropriate regalia as “Uncle Thomas: Lawn Jockey for the Far Right.” If
I were walking in front of the United States Supreme Court today and
saw Thomas on fire, I wouldn’t urinate on him to put him out. If that’s
giving Thomas a hard time, then so be it. Whatever I say about Thomas
doesn’t begin to approach the damage he inflicts on African-Americans
as a member of the Supreme Court. Thomas was in the news recently
when he told a group of high school students that one reason he is
usually silent during oral arguments before the court is because when
he was in high school, students made fun of him for speaking what is
known as Geechee, or Gullah. That exchange alone is worth a separate
column. And I’ll write it next week. For now, however, I want to
address another comment Thomas made to the students. In the talk,
televised by C-SPAN, Thomas said that in addition to his
self-consciousness about speaking what was “not standard English,”
there was another reason he is the only member of the court who does
not ask questions of lawyers who appear before the bench. “The
other thing, I was on the other side of the podium before, in my
earlier life, and it’s hard to stand up by yourself and have judges who
are going to rule on your case ask you tough questions. I don’t want to
give them a hard time.” A hard time? The Supreme Court is
the highest tribunal in the land, the final arbitrator of what is
lawful and unlawful. Attorneys appearing before the court are often
partners in high-powered law firms; many, like Thomas, have graduated
from the best law schools in the country; and they are accustomed to
the rough-and-tumble of courtroom arguments. Supreme Court justices are
expected to ask tough questions of each side in an effort to discern
the truth and render a fair ruling. That is the very nature of our
judicial system. Yet, Thomas says he remains silent because doesn’t
want to give lawyers a hard time. I wish the lone Black member of
the Court would demonstrate that same level of concern for members of
his own race. In his rulings, Thomas has done nothing but give
African-Americans a hard time. For example: - In Presley v.
Etowah County, Thomas agreed that the White minority on an Alabama
county commission could remove the budget authority of the first
African-American commissioner to hold the post since Reconstruction;
-
In Shaw v. Reno, Thomas cast the deciding vote that permitted White
voters in North Carolina to object to the drawing of political
districts in which Blacks could be competitive; - In Hudson v.
McMillan, Thomas dissented from the majority when the court ruled that
the beating of a hog-tied prisoner lying on the floor of a Louisiana
prison amounted to a violation of the Eight Amendment prohibition
against cruel and unusual punishment; - In Adarand v. Pena,
Thomas voted to limit affirmative action set-aside programs designed to
help people of color gain greater access to federal contracts; -
In Shaw v. Hunt and Bush v. Vera, Thomas cast the deciding vote in the
5-4 cases to declare unconstitutional five congressional districts in
North Carolina and Texas that had been drawn to maximize Black and
Hispanic voting power; - In Texas v. Hopwood, Thomas voted to let
stand a ruling involving the University of Texas that held that the law
school “may not use race as a factor in law school admissions.” As
Thomas’ record makes clear, he shows little support for cases that
would help empower African-Americans. But when accomplished attorneys,
most of them White, appear before the Supreme Court, Clarence Thomas
doesn’t want to give them a hard time. African-Americans should be so
lucky.
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George W. Bush Tries to Bypass Black Leaders
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