Monday, July 09, 2007

Justice Secures His Place as a Critic of Integration - New York Times

Justice Clarence Thomas is practically an enigma to many people. The Justice, who in 16 years on the Supreme Court, has rarely, if ever, asked a question during oral arguments, continues to puzzle just about everyone. But people rarely puzzle about Thomas on the vast majority of the Supreme Court's docket. From his reliably conservative, some would say reactionary, views on the First Amendment to his opinions on business cases and other non-constitutional cases, Thomas evokes almost no reaction beyond "Well, he is a conservative Justice." But when it comes to race cases, many people just can't seem to understand Justice Thomas.
When Justice Clarence Thomas provided a pivotal vote last month as the Supreme Court struck down school integration plans in Louisville, Ky., and Seattle, he suggested the concept of integration was inherently demeaning to black children because it implied they needed to mix with whites to achieve excellence.

His comments, including his description of people who promote integration as faddish theorists, demonstrated anew his place as the most influential black voice criticizing the value of integration and affirmative action plans. But as Justice Thomas is also the most intensely scrutinized personality on the court, his comments inevitably raise questions about much his legal views are shaped by the difficulties of his own experience with race and education.

Justice Thomas’s recent opinion on integration has provided fresh material for the rich debate about him among black scholars for whom he has been a fascinating and vexing subject since he was narrowly confirmed to the court in 1991.
As is discussed later in the New York Times article, Thomas's opinion is nothing new for the conservative Justice. He has long blasted affirmative action programs and race based decision making, even as his critics complain that his position on the Court is a result of race based decision-making.

Thomas' memoir is due out later this year and I for one look forward to reading it, but it may disappoint people looking for an insight into why he feels the way he feels on cases of race.

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