Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
323153603
label
Swearing-In of Clarence Thomas 10/18/91 [OA 8330] [3]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
323153603
contentType
document
title
Swearing-In of Clarence Thomas 10/18/91 [OA 8330] [3]
citationUrl
identifierLocal
13776-014
collections
Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Speech Backup Chronological Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
323153603
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
f222c2312cb6d156
ocrText
Originally Processed With FOIA(s):
FOIA Number:
S; 1998-0207-F
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Speech File Backup Files
Subseries:
Chron File, 1989-1993
OA/ID Number:
13776
Folder ID Number:
13776-014
Folder Title:
Swearing-In of Clarence Thomas 10/18/91 [OA 8330][3]
Stack:
Row:
Section:
Shelf:
Position:
G
26
21
7
1
Pinpoint, GA
-
600 miles
approx 12 w/stops hours
103/4 hours
w/no delays
Rush hour
Fact Check Final Copy2
McGroarty/Nix
October 18, 1991
8:15 am
[THOMAS]
PRESIDENTIAL REMARKS: SWEARING-IN OF JUSTICE CLARENCE THOMAS
THE SOUTH LAWN
OCTOBER 18, 1991
2:00 PM
Welcome to the White House. / First a warm welcome to the
members of the Supreme Court -- Barbara and I join with you and
Supreme
the nation mourning the loss of Nan Rehnquist, the wife of the
Suprent Pub
Chief Justice. // [[IF CHIEF JUSTICE REHNQUIST IS IN
Affairs
ATTENDANCE: Mr. Chief Justice, may I say that Barbara and I and
our entire nation are thinking of you and your family as we mourn
0
the loss of your belived wife, Nan. ]] //
Let me also welcome the many members of Congress and my
Cabinet. / Friends of Clarence Thomas, who have worked with him
here in Washington -- and let me single out Senator Jack
Leg Affairs
Becky Anduson
Danforth, a man every American would be proud to call friend.
/
The many members of Clarence Thomas's family here today: his
wife Ginnie and son Jamal. Clarence's mother, Mrs. Leola
Cancil's
Emma Mae Martin, Myers
Williams. [Sister brother 1 The cousins -- whether they're
first, second, third or fourth -- all the aunts and uncles and
M.
friends, some of whom drove all the way up from Pin Point,
Georgia to be here this afternoon. 600 long miles -- but they Rob krebs
TripleAA
Virginia
would have driven 6000 miles to share this proud day. //
office
The fact that people have come here from far and wide --
people from all walks of life, all levels of education and income
-- is testament to the character of this individual. But it's
also something more: proof of the power of the American ideal -
2
- vindication of the values of faith and family, of hard work and
opportunity. These values unite us all -- these values give
America meaning. //
America is the first nation in history founded on an idea:
on the unshakable certainty that all men are created equal. /
When we ask our Justices to swear allegiance -- to uphold the
supreme law of the land, we entrust to them not mere words on
parchment, but the living soul of a Nation. / Clarence Thomas
joins the distinguished ranks of jurists to whom we entrust this
sacred task -- who, in the stark and simple phrase of Chief
Justice Marshall, to tell us "what the law is." "
/
/
Bartlett's
I said when I nominated this man that Clarence Thomas is "a
fiercely independent thinker, with an excellent legal mind, who
believes passionately in equal opportunity for all Americans." "
Since then, the whole nation has learned that the passion and the
intellect and the independence of mind all spring from an inner
strength indelibly stamped on his character long ago, when he
walked the dirt roads of Pin Point. //
Clarence Thomas comes to the Supreme Court having worked in
who's
the private sector -- having served in state government, and in
who
Among
every branch of federal government. He has served as Assistant
Attorney General of the State of Missouri; in the United States
Black Americans
Senate, as Legislative Assistant to Senator Danforth; in the
Executive Branch as Assistant Secretary of Education and Chairman
of the EEOC; and as Judge on the U.S. Court of Appeals, D.C.
Circuit. Each position will serve him well on the Court --
3
sharpening his vantage point on the many questions that come
before him. //
These are some of the man's qualifications. They are not
the same as his experience.
Clarence Thomas knows first-hand the searing hate and sting
of segregation. He knows the cold face of indifference --- the
unintentional cruelty that tells men and women with every claim
to equal citizenship that we expect little of them, and offer
less.
But Clarence Thomas would not be here today if there were
not more to his story. He has known his share of the joys of
life: The love of family, / the devotion of friends, / the kind
gestures from people committed to decency and fairness, to
justice and the American Dream. //
Clarence Thomas has endured America at its worst -- and he
has answered with America at its best. // He brings that hard-
won experience to the High Court -- and America will be better
for it. //
So let me say to everyone here: Don't be overawed by the
solemnity of this moment. / Celebrate this day. See what this
son of Pin Point has made of himself. See how he makes us proud
of America -- proud of all that is best in us. ///
In just a few moments, we will bear witness as the oath of
office is administered to our Nation's newest Supreme Court
Justice. Before we do, let me say on a personal level: America
4
is blessed to have a man of such character serve on its Highest
Court. //
Clarence Thomas Mr. Justice Thomas: congratulations. /
I now ask Justice Byron White to administer the oath.
# # #
5
Let us all recognize the man whose seat Justice Thomas takes for
his long service to this country: Justice Thurgood Marshall.
//
[ [Judge Thomas, before we begin, and with your fellow
justices here, let me warn your new colleagues -- read the last
line in Clarence's college yearbook:
"
Likes to argue. "
//
I
suspect more than once, even as the newest Associate Justice,
Clarence Thomas will get the last word. ]]
Fact Check Copy /
McGroarty/Nix
October 17, 1991
7:00 pm
[THOMAS]
PRESIDENTIAL REMARKS: SWEARING-IN OF JUSTICE CLARENCE THOMAS
THE SOUTH LAWN
OCTOBER 18, 1991
2:00 PM
Becky
Welcome, all of you, to the White House. We have nearly a
Anderst
thousand special guests here today. I want to recognize the
Affairs
members of the Supreme Court and let me send a special prayer
x2230
to Chief Justice William Rehnquist, mourning the loss of his
wife, [Natalie]. // Supreme PubAffairs
A.
Let me welcome the many members of Congress and my Cabinet.
Friends of Judge Thomas who have worked with him here in
Leg Affair
Washington -- and let me single out Senator Jack Danforth, a man
every American would be proud to call friend. / The many
members of Clarence Thomas's family here today: his wife Ginnie
NEXIS and son Jamal. Clarence's mother, Mrs. Leola Williams. [Sister, NEXIS
brother. The cousins -- whether they're first, second, third or
fourth -- all the aunts and uncles and friends, some of whom
drove all the way up from Pin Point, Georgia to be here this NEXIS
Triple AAA
afternoon. 600 long miles -- but they would have driven 6000
Rob Krebs
Cmiles to share this proud day. //
The fact that people have come here from far and wide --
people from all walks of life, all levels of education and income
-- is testament to the character of this individual. But it's
also something more: proof of the power of the American ideal -
2
- vindication of the values of faith and family, of hard work and
opportunity. These values unite us all -- these values give
America meaning. //
For you see, this country stands alone. Unlike other
nations, America was not founded on allegiance to a certain patch
of ground, or bonds of blood. America is the first nation in
history founded on an idea: on the unshakable certainty that all
men are created equal. //
When we ask our Justices to swear allegiance -- to uphold
the supreme law of the land, we entrust to them not mere words on
parchment, paper promises, but the living heart of all we are as
a people: the soul of this nation -- all that makes America
decent and good. //
Judge Thomas joins the distinguished ranks of jurists to
whom we entrust this sacred task -- who, in the stark and simple
Bartlett's
phrase of Chief Justice Marshall, tell us "what the law is. "
/
/
I said when I nominated this man that Clarence Thomas is "a
fiercely independent thinker, with an excellent legal mind, who
believes passionately in equal opportunity for all Americans. "
Since then, the whole nation has learned that the passion and the
intellect and the independence of mind all spring from an inner
strength indelibly stamped on his character long ago, when he
walked the dirt roads of Pin Point. //
Clarence Thomas comes to the Supreme Court having worked in
the private sector -- having served in state government, and in
every branch of federal government. He has served as Assistant
who's
Who
Plack Among Americans
3
Attorney General of the State of Missouri; in the United States
who's Among
Senate, as Legislative Assistant to Senator Danforth; in the
Back American
Executive Branch as Assistant Secretary of Education and Chairman
of the EEOC; and as Judge on the U.S. District Court of Appeals.
Each position will serve him well on the Court -- sharpening his
vantage point on the many questions that come before him. //
These are some of the man's qualifications. They are not
the same as his experience.
Clarence Thomas knows first-hand the searing hate and sting
of segregation. He knows the cold face of indifference -- the
unintentional cruelty that tells men and women with every claim
to equal citizenship that we expect little of them, and offer
less.
But Clarence Thomas would not be here today if there were
not more to his story. He has known his share of the joys of
life: The love of family, / the devotion of friends, / the kind
gestures from people committed to decency and fairness, to
justice and the American Dream. //
Clarence Thomas has endured America at its worst -- and he
has answered with America at its best. // He brings that hard-
won experience to the High Court -- and America will be better
for it. //
So let me say to everyone here: Don't be overawed by the
solemnity of this moment. / Celebrate this day. See what this
son of Pin Point has made of himself. See how he makes us proud
of America -- proud of all that is best in us.
4
NEXIS
No one said it better than Clarence Thomas himself:
/
Holy
Bible
"Only in America." // In the words of the 35th Psalm, "Let them
shout for joy, and be glad. " //
In just a few moments, we will bear witness as the oath of
office is administered to our Nation's newest Supreme Court
Justice. Before we do, let me say on a personal level: America
is blessed to have a man of such character serve on its Highest
Court. //
Clarence Thomas -- Mr. Justice Thomas: congratulations. I
now ask
[------]
to administer the oath.
# # #
278933
Document No.
WHITE HOUSE STAFFING MEMORANDUM
10CT18 All: 30
DATE:
10/17/91
ACTION/CONCURRENCE/COMMENT DUE BY: 9:00 a.m. Friday 10/18
SUBJECT: PRESIDENTIAL REMARKS: CLARENCE THOMAS SWEARING-IN CEREMONY
(10/17 7:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
HORNER
SUNUNU
MCCLURE
SCOWCROFT
PETERSMEYER
DARMAN
PORTER
BRADY
ROGICH
BROMLEY
SMITH
У
McBRIDE
CARD
SNOW
DEMAREST
S
FITZWATER
)
FIRESTONE
j
PORTER ROSE
GRAY
HOLIDAY
REMARKS:
Please provide any comments directly to Tony Snow no later than
9:00 a.m., Friday, 10/18, with a copy to this office. Thanks.
RESPONSE:
Comments from Cabinet Affairs are attached.
Thanks,
Er
Elizabeth Luttig
PHILLIP D. BRADY
Assistant to the President
and Staff Secretary
Ext. 2702
THE WHITE HOUSE
WASHINGTON
October 17, 1991 OCT 17 P7:24
INFORMATION
MEMORANDUM FOR THE PRESIDENT
THROUGH:
DAVID DEMAREST
TONY SNOW TS
FROM:
DAN MCGROARTY DMCH
SUBJECT:
CLARENCE THOMAS SWEARING-IN CEREMONY
I. SUMMARY
On Friday, October 18, at 2:00 p.m., you will deliver remarks
(6 minutes, on cards) to an audience of approximately 1,000 people
on the South Lawn. The audience will include members of the
Cabinet, Congress, and friends and family of Clarence Thomas.
II. DISCUSSION
Your remarks highlight the promise Thomas holds as a Supreme
Court Justice -- specifically as a man who has served this country
well as a public servant and as a justice who will champion the
Constitution.
NOTE: This draft is in simultaneous staffing to senior staff.
McGroarty/Nix
October 17, 1991
7:00 pm
[THOMAS]
PRESIDENTIAL REMARKS:
SWEARING-IN OF JUSTICE CLARENCE THOMAS
THE SOUTH LAWN
OCTOBER 18, 1991
2:00 PM
Welcome, all of you, to the White House. We have nearly a
thousand special guests here today. I want to recognize the
members of the Supreme Court -- and let me send a special prayer
to Chief Justice William Rehnquist, mourning the loss of his
wife, [Natalie]. //
Let me welcome the many members of Congress and my Cabinet.
Friends of Judge Thomas who have worked with him here in
Washington -- and let me single out Senator Jack Danforth, a man
every American would be proud to call friend. / The many
members of Clarence Thomas family here today: his wife Ginnie
and son Jamal. Clarence's mother, Mrs. Leola Williams. [Sister,
brother.] The cousins -- whether they're first, second, third or
fourth -- all the aunts and uncles and friends, some of whom
drove all the way up from Pin Point, Georgia to be here this
afternoon. 600 long miles -- but they would have driven 6000
miles to share this proud day. //
The fact that people have come here from far and wide --
people from all walks of life, all levels of education and income
-- is testament to the character of this individual. But it's
also something more: proof of the power of the American ideal -
2
- vindication of the values of faith and family, of hard work and
opportunity. These values unite us all -- these values give
America meaning. //
For you see, this country stands alone. Unlike other
nations, America was not founded on allegiance to a certain patch
of ground, or bonds of blood. America is the first nation in
history founded on an idea: on the unshakable certainty that all
men are created equal. //
When we ask our Justices to swear allegiance -- to uphold
the supreme law of the land, we entrust to them not mere words on
parchment, paper promises, but the living heart of all we are as
a people: the soul of this nation -- all that makes America
decent and good. //
Judge Thomas joins the distinguished ranks of jurists to
whom we entrust this sacred task -- who, in the stark and simple
phrase of Chief Justice Marshall, tell us "what the law is. " //
I said when I nominated this man that Clarence Thomas is "a
fiercely independent thinker, with an excellent legal mind, who
believes passionately in equal opportunity for all Americans." "
Since then, the whole nation has learned that the passion and the
intellect and the independence of mind all spring from an inner
strength indelibly stamped on his character long ago, when he
walked the dirt roads of Pin Point. //
Clarence Thomas comes to the Supreme Court having worked in
the private sector -- having served in state government, and in
every branch of federal government. He has served as Assistant
3
Attorney General of the State of Missouri; in the United States
Senate, as Legislative Assistant to Senator Danforth; in the
Executive Branch as Assistant Secretary of Education and Chairman
of
of the EEOC; and as Judge on the U.S. District Court of Appeals.
for the Districtor Columbia Circuil
Each position will serve him well on the Court -- sharpening his
vantage point on the many questions that come before him. //
These are some of the man's qualifications. They are not
the same as his experience.
Clarence Thomas knows first-hand the searing hate and sting
of segregation. He knows the cold face of indifference -- the
unintentional cruelty that tells men and women with every claim
to equal citizenship that we expect little of them, and offer
less.
But Clarence Thomas would not be here today if there were
not more to his story. He has known his share of the joys of
life: The love of family, / the devotion of friends, / the kind
gestures from people committed to decency and fairness, to
justice and the American Dream. //
Clarence Thomas has endured America at its worst -- and he
has answered with America at its best. // He brings that hard-
won experience to the High Court -- and America will be better
for it. //
So let me say to everyone here: Don't be overawed by the
solemnity of this moment. / Celebrate this day. See what this
son of Pin Point has made of himself. See how he makes us proud
of America -- proud of all that is best in us.
4
No one said it better than Clarence Thomas himself:
/
"Only in America." // In the words of the 35th Psalm, "Let them
shout for joy, and be glad." //
In just a few moments, we will bear witness as the oath of
office is administered to our Nation's newest Supreme Court
Justice. Before we do, let me say on a personal level: America
is blessed to have a man of such character serve on its Highest
Court. //
Clarence Thomas -- Mr. Justice Thomas: congratulations. I
now ask
[------]
to administer the oath.
# # #
Saturday. July 6. 1991
17
WILLIAM F. BUCKLEY JR.
Thomas: Beyond the
black monolith
T
he 24 hours after the nom-
which Thomas was launched.
Ination of Clarence The
It goes like this: A La opposed
mas were great fun. with
to quotas. A nominates a black
everybody In sight speaking in
to succeed a black on the court.
the Aesopian mode. their
Therefore. A is actually in the
mouths saying one thing. their
quota business. The distinction.
eyes something a little differ-1
said Keyes. is between repre-
ent. And our dear president was
sentation and quotes. There IS
no exception.
nothing un-Americas (or un.
George Bush said that they
constitutional) In seeking vari.
race of Clarence Thomas was
ciy. when the time comes to
"not the factor" in his selection.
staff a government agency. It La
which is a little like saying that
perfectly rational to say. for ex.
Cleopatra's body was not a fac-
ample. that women are under.
tor in her selection by Antony.
represented in Congress. It is
The president went further: "He
something quite different to say
is the best man."
that Congress ought to be 51
We have got to assume that
percent female. The explans.
there is one other lawyer in
tion need go no further than ex.
America. maybe even two, who
actly that
are "better" than Judge The-
Bush has accomplished
mas. according to generally ac.
something quite other than
knowledged criteria - exper-
bringing to the Supreme Court
lence. learning. intelligence.
someone who appears to be a
Morsover. said Bush. Thomas is
promising jurist. He has done
& "flercely independent
more in one day to remind the
thinker."
nation and above all to remind
That phrase. for reasons that
black Americans that It is to-
don't come readily to mind. is
correct to think of the black
supposed to be a high compli-
population as a monolith.
ment. I don't know why. Hitler
Blacks tend to vote the way
was & flercely independent
they do because the Democratic
thinker: so was John Brown. I
Party has perfected Instru-
prefer the maxim that goes: If
ments of seduction that tend to
it's true. it's not new. If it's new,
attract. dealing as they do in
It's not true.
victimology.
And then. among the instant
Black leaders like Benjamin
critics of the choice of Thomas.
Hooks and Jesse Jackson are
Eleanor Holmes Norton was ev-
constantly engaged in stressing
erywhere. National Public Ra.
the black race's helplessness in
dia PBS - I am certain she
the hands of the oppressive
was talking about the short.
white race. But It is quite wrong
comings of Judge Thomas to
to suppose that the situation La
the sleepy bartender at 5 in the
frozen. that blacks are Immova-
morning.
ble on the subject. Gov. Thomas
Her line is very interesting.
Kean had the support in New
You sce. what we should want.
Jersey of the majority of the
in a black Supreme Court jus.
state's blacks. New York Rep.
tice. is someone who has had
Charles Rangel told me one
the experience of an American
night with Impish glee now
black.
lucky the Democrats were that
But isn't this exactly what
George Bush hadn't named an-
Clarence Thomas has had? A
other vice-presidential candi-
very poor boy. deserted by his
date: "If he had named Colla
father? The only routine exper-
Powell. the Democrate could
lence of as American black he
have kissed the black vote good-
hasn't had is & crush on Jesse
bye."
Jackson.
Bush has picked a black man
Well. yes but the point is
of true distinction. forever to di-
that he hasn't had the kind of
vide the political monolith.
experience that led him to
The point was best made in
thinking like Thurgood Mar-
an op-ed piece appearing in the
shall or like Eleanor Holmes
Los Angeles Times la 1985:
Norton. If you see what I mean.
"There seems 10 be an obsession
and Jim Lehrer did see what
with painting blacks as an unth-
she meant when he said to her.
inking group of automatons.
"Would you rather have & white
with a common set of views.
liberal on the court than a black
opinions and Ideas. Anyone who
conservative!" to which she an-
dares suggest that this may not
swered, "Of course:" - releas-
be the case or has & viewpoint
ing us from the logjam of her
that disagrees with the black
strictures about the ideal back.
viewpoint' is immediately case
ground for an American black
as attacking the black leader-
going to the court
ship or as some kind of anti-
Alan Keyes. the brilliant
black renegade. We certainly
black Intellectual who served as
cannot claim to have pro-
as assistant secretary of state
gressed much in this country as
for Ronald Reagan. punctured
long as It is instated that our
the quota argument. This was &
Intellects are controlled entire-
little twist the liberals had been
ly by our pigmentation" Those
playing with. beginning at the
words were written by Clarence
presidential press conference at
Thomas.
22
The Washington Times
FRIDAY, JULY 12, 1991
A man
for this
for EEOC than even the Reagan ad-
ministration requested.
season
The final area of disinformation
is that Judge Thomas IS a conserva-
tive ideologue. That charge should
have been laid to rest by Mark Giten-
Fl
stein. a liberal. former Senate Judi-
ciary counsel. who now heads the
Foundation for Change. a Washing-
ton think tank. who told the Legal
WARREN BROOKES
Times in October 1989. in my view.
in the context of this administration.
Mr. Thomas is a moderate. prag-
n politics. timing is almost as
prejudged based on something he
matic, reasonable nominee." That
I
important as substance. Presi-
isn't. Indeed. one of the strongest
echoes the sentiments of Carter
dent Bush's nomination of
pro-choice advocates is a Roman
appointed Judge Damon Keith on
Judge Clarence Thomas to the
Catholic: Sen. Joseph Biden, chair-
the 6th U.S. Circuit Court of Appeals
Supreme Court has both. But con-
man of the Judiciary Committee.
in Detroit. a black liberal who never-
trary to critics. it is in no way a re-
The second point of attack is
theless said. "If I or a member of my
buke to retiring Justice Thurgood
Judge Thomas' alleged "insensitive
family were in trouble. he is the kind
Marshall. Indeed. without the legacy
and questionable enforcement rec-
of person I'd like to appear before."
of Justice Marshall. both the great
ord" at the Equal Employment Op-
In an interview with Dinesh
and the not so great. Clarence
portunity Commission. This is one of
D'Souza for the Wall Street Journal.
Thomas might not now be the likely
the most fraudulent charges of all.
Judge Keith called Judge Thomas
next justice of the Supreme Court.
In the first place, when Judge
bright and reflective man who be-
Just as Justice Marshall was the
Thomas took over this agency. it was
lieves passionately in fairness. I say
man for his time. leading the essen-
by far the most disorganized and
this without reservation and in full
tial charge for civil rights for black
knowledge of all the people who
Americans in a nation where racial
chaotic operation ever seen in Wash-
complain about him." Indeed. For
discrimination was official policy, 50
ington where such conditions are the
making this statement. Judge Keith
now Judge Thomas is the right man
norm. One of Judge Thomas' most
has been the target of angry phone
for this time, when official policies
strident black critics is D.C. Dele-
calls from around the country.
of racial preference - promoted in
gate Eleanor Holmes Norton. his
part by Justice Marshall - threaten
predecessor at the EEOC. of whose
the essential fabric of racial integra-
management stewardship the Gen-
Yet an examination of Judge
tion and harmony. Sadly. such a large
eral Accounting Office was hugely
Thomas' record and writings con-
constituency has developed around
critical. concluding in 1982 the inter-
firm one of the ironies of his career:
those dangerous policies. and so
nai record keeping of that agency
He was accused of being too "mod-
many so-called "black leaders" have
was so bad that "EEOC faces a for-
erate" both by members of the Rea-
midable task in correcting the oper-
gan administration and by civil
argued for them. Judge Thomas is
ational deficiencies that allowed the
rights activists. The reason IS sim-
seen as much of a threat to their turf
ple. Judge Thomas deeply believes
today. as Justice Marshall appeared
unreliable records to develop."
to the segregationists of his time.
Agency records weren't even
in affirmative action for qualified in-
This is why a campaign of disin-
computerized. Mrs. Norton. inciden-
dividual minorities. but equally
tally, very nearly lost an election
strongly opposes the notion of
formation has already started simi-
cinch in 1990 when it came out that
groupwide remedies like quotas.
lar to that waged against Judge Rob-
her husband had repeatedly failed to
This puts Judge Thomas right
ert Bork. Three areas of criticism
file income tax returns to the Inter-
where the American people are.
merit examination: First, and fore-
nai Revenue Service. and she
There is no toleration in the general
most. knowing that Judge Thomas'
pleaded ignorance. More to the
public either for discrimination or
life career. not to mention his exem-
point. under Judge Thomas. not only
for racism. There is equally no sym-
plary personal character and tem-
was EEOC fully computerized. and
pathy for group "victimization" rem-
perament. stand as a powerful re-
records brought up to date. but court
edies. The backlash against such
buke to any white liberal presuming
actions filed on behalf of plaintiffs
policies. very nearly gave us a Ku
to judge his "sensitivity" on civil
rose from less than 250,000 in 1982
Klux Klan member of the U.S. Sen-
rights. the attack has shifted to the
to more than $60,000. That's hardly
ate in 1990. and has triggered an out-
even more inflammatory issue of
"insensitivity."
break of renewed racism in recent
abortion. We don't know how Judge
Overall, the EEOC data reflect the
years that belies otherwise tremen-
Thomas would vote on Roe vs. Wade.
fact that Judge Thomas was an ener-
dous progress in overall race rela-
We do know the premise on which
getic manager and prosecutor of le-
tions.
abortion rights folks are now attack-
gitimate (as opposed to frivolous)
Judge Thomas stands as living
ing him is false. namely that he 15. as
EEOC actions. The one area where
proof that in . colorblind society
Judge Thomas' performance has
that the Rev. Dr. Martin Luther King
Virginia Gov. Douglas Wilder said
been most severely questioned is in
presched. even the poorest black
the other day "a devout Roman Cath-
age discrimination cases. whose
American can rise by the sheer qual-
olic." "I don't know where they got
backlog reached critical mass in
ity and character of his life. out of a
that." Judge Thomas told us. "per-
Savannah, Ga., sharecropper neigh-
haps because 1 was schooled by
1987, precipitating a witchhunt by
borhood to the highest court in the
Sen. John Melcher. Montana Demo-
Catholic nuns. and attended Holy
land. He has also vindicated Thur-
Cross. But the fact is. I am not a
crat. in 1987-88 that was so grossly
good Marshall's original struggle for
ham-handed it contributed to his
Catholic. Currently I am attending
equality before the law. H:s appoint
own loss in his 1988 Senate re-elec-
the Episcopal Church."
ment has breathtaking symbolic as
That does not mean that Judge
tion bid. At least part of that backlog
well as substantial value. Just as
problem can be traced both to the
Thomas does not share most Chris-
Thurgood Marshall was a man for
tians' skepticism about the morality
chaotic records mess Judge Thomas
his time. Clarence Thomas appears
inherited. and to the fact that Con-
of abortion. but his yiews cannot be
to be heaven-sent for this one.
gress repeatedly appropriated less
The Evening Sun
Baltimore, Friday, July 12, 1991
Fear and loathing of Clarence
Thomas
P
RESIDENT Bush's nomination of Judge
ernment power and personal responsibility
Clarence Thomas to the U.S. Supreme
VR. group entitlements.
Court has prompted vehement, sometimes
Though Thomas would join a conserva.
reckless denunciations from the political left.
tive majority already on the court, he would
Patricia Ireland. executive vice president
add one entirely new dimension: He would
of the National Organization for Women
challenge the "moral monopoly" the left has
(NOW). labeled Thomas an "extremist" Har-
exercised over blacks, other minorities and
vard law professor Derrick Bell accused
women. The monopoly view is to classify
Bush of "gross token-
people according to their alleged group
ism in the appointment
"victimisation" status, and then present
Betsy
of a black who is a con-
each group as a monolith in its thinking. al-
servative and shares
lowing for no differences or debate.
Hart
the views of upper-
The left seems to think that no one, ex-
class whites." Ellen
cept a white male, is capable of succeeding
Convisser, president of
OR his or her own. so it demands that group
NOW's Massachusetts chapter. and Virginia
members be awarded rights and handouts
Gov. Douglas Wilder expressed serious con-
based only on their group membership, not
cern that Thomas might be too Catholic.
on any individual initiative or merit. The
Feminist attorney Flo Kennedy said of
civil rights and feminist establishment base
Thomas, "We must kill him politically," and
their political agendas on such views.
Arthur Kropp, president of People for the
The problem for the left is that Thomas
American Way, said be "could hardly imag-
threatens to expose such follies. Soon, an
ine a more troubling choice" for the high
African-American of humble origins might
court.
be sitting on the highest court in the land,
What may trouble Kropp and company
interpreting, upholding and honoring the
most is the fact that Thomas was born
Constitution - proclaiming, if his previous
black and poor in the heart of the segregat-
writings are any indication, that the best
ed South Yet without benefit of quotas,
set-asides or special privileges, be rose
way to overcome discrimination and blas is
above It. But why are the liberals hurling
not to advance it through race-based gov-
such attacks at Thomas, a man who humbly
ernment action. but to apply the law equal-
said when accepting Bush's nomination to
ly to all individuals. The left is afraid that
the court, "As a child, I never dreamed I
Thomas has escaped from the liberal plan-
would see the Supreme Court, much less be
tation and will now shed light on the Lies
nominated to it"?
used to keep minorities and women en-
The answer lies not in the fact that
slaved there.
Thomas would drastically change the direc-
For too long, debate in the United States
tion of the court. After three landslide elsc-
has been dominated by self-appointed group
tions of presidents who promised to put con-
spokesmen. Thomas' presence on the high
servative justices on the Supreme Court. a
court would open debate by focusing new
majority committed to upholding the Con-
attention on individuals who don't think like
stitution and letting the democratic process
their group "leaders" say they should, and
decide political issues already is in place.
then emboldening them to become part of
No, the real reason activist liberals oppose
the political process.
Thomas is because be affirms those values
The liberals should be apprehensive:
they have attacked for the last 30 years,
with more issues returned to the American
standing firmly against the dehumanizing
people to be decided through democratic
racial politics of quotas, affirmative action
means. and the political process opened up
and other "group remedies" sponsored by
to debate from new and different voices,
the left.
many liberals will find themselves without
Indeed. with Thomas on the high court,
"groups" to speak for.
the political debate might fundamentally
change in the United States. We might, at-
Betsy Hart is director of lectures and
ter all. be able to rise above the divisive
seminars at the Heritage Foundation in
politics of race and gender and debate such
Washington
fundamentals as individual liberty VR. gov-
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 16, 1991
REMARKS BY THE PRESIDENT
IN PHOTO OPPORTUNITY WITH SELECT HOUSE MEMBERS
The Cabinet Room
10:04 A.M. EDT
Q
Where are the women?
Q
New meaning to Helen's question.
Q
Mr. President, are you going to speak to the nation
about the process of confirmation?
THE PRESIDENT: Well, I'm going to have something to
say. Whether I speak to the nation about it, and -- if you mean an
Oval Office and that, I don't know about that; there's no decision.
But I think I owe the people my observations and, more importantly,
some suggestions to improve the process. That comes under the
heading of the Senate business clearly, but I have some views and
there is some interaction between the administration, obviously, and
the Senate.
So we're thinking -- going to get working on some ideas,
flushing out some and, clearly, I'll go public with it. How I do it
is yet to be determined.
Q
And how soon?
THE PRESIDENT: Well, that hasn't been determined yet,
but fairly soon, I'd say, because I think it's fresh in people's
minds.
Q
Today?
THE PRESIDENT: No, you won't have anything --
Q
You're not going to tie this in with the swearing-
in, are you, sir?
THE PRESIDENT: Do what?
Q
You wouldn't tie that in with the swearing-in?
THE PRESIDENT: No. I want to go forward with the
swearing-in as soon as possible. There's a vacancy on the Court and
we haven't decided on a firm time for that, but it will be very soon
indeed, if that is agreeable to soon-to-be Mr. Justice Thomas.
Q
Are you going to clamp down on the use of FBI
reports or sharing of those with the Hill?
THE PRESIDENT: I don't want to prejudge what I'm going
to say. But I think there's general agreement around the country and
certainly in the Senate that the present process is simply not fair.
And I think senators on both sides of the aisle are going to want to
see changes in several areas.
MORE
- 2 -
Thank you all very much.
Q
Including use of FBI reports?
THE PRESS: Thank you.
END
10:07 A.M. EDT
THE WASHINGTON POST, July 16, 1991
Allen Moore
The Clarence Thomas I Know
I have been reading and hearing a lot about
his selection for other jobs along the way. He has
when he left the seminary almost 25 years
Clarence Thomas these days. Some of it makes
never denied his indebtedness to, or admiration
In recent years, he has attended a Methc
me wonder: Can this be the same Clarence
for, those, such as Justice Thurgood Marshall,
church, a Christian church and, most recently
Thomas who worked for me in Jack Danforth's
who helped open such doors. He does not blindly
Episcopal church.
office 12 years ago and has been my friend ever
oppose the notion of taking race into consider-
I don't know how he feels about abortion, 1
since?
ation for hiring, promotion or admissions deci-
would be very surprised if he didn't have an (
The man I read about has been called an
sions. What he does oppose are rigid numerical
mind on Roe u Wade. Many liberals and con
"arch-conservative" who has "forgotten where he
goals and quotas, which he considers divisive and
vatives on both sides of the abortion i
came from," who believes "affirmative action is
unfair.
acknowledge the vulnerability of that decision
like heroin," whose seven years as chairman of
When he gets a chance to fully explain his
purely legal grounds, but I personally woul
the Equal Employment Opportunity Commission
views in Senate hearings, he will challenge his
bet the ranch on how he would come down on
were "the most retrograde in its history," whose
listeners to think beyond platitudes and con-
issue.
first marriage ended in a "messy divorce that
ventional orthodoxy. Clarence Thomas has al-
deserves scrutiny," whose "opposition to abortion
ways supported the idea of giving preferential
I know something about Thomas's first I
is well-known," whose "allegiance to the pope"
treatment to the truly disadvantaged, especially
riage because I spent many hours talking
should be examined, whose actions are "guided
minorities, rather than to those from middle- or
him as it broke apart. He was tormented I
by political calculation," and who is "harshly
upper middle-class backgrounds who happen to
about breaking his wedding VOWS and about
judgmental and self-righteous rather than com-
be members of a targeted minority group. To do
impact of the divorce on his young son.
passionate and empathetic."
otherwise risks stigmatizing those favored-to
sought me out for advice because I wa
The Clarence Thomas I know is a caring,
make it appear as if they are incapable of
divorced father with two well-adjusted child
decent, honest, bright, good-humored, modest
competing fairly. It also can put the unprepared
His divorce was handled amicably, with Clare
and thoughtful father, husband and public servant
in situations where they are destined to fail. "God
given undisputed primary custody of his
who has already come farther in 43 years than
helps those who help themselves," Clarence
Both parents have played a major role in
most of us will in a lifetime.
might say, encouraging self-help and self-reliance,
upbringing, and all parties have great respect
The president did his nominee no favor when
Martin Luther King Jr. Malcolm and Jesse
each other.
he said race was not a factor in the nomination.
Jackson have stressed such themes.
Clarence's record as EEOC chairman dese:
Of course it was, and Thomas readily admits it,
Regarding his feelings about the pope, I be-
close scrutiny, just as it did when he
just as he acknowledges that race played a role in
lieve Clarence stopped being a practicing Catholic
renominated and reconfirmed for a second t
as chairman, and just as it did when he was
nominated and confirmed to his seat on the D.C.
battles with the White House and Justice Depart-
Circuit Court of Appeals. The record will speak
ment conservatives during the Reagan years
for itself, but someone should also look inside the
were hardly politic. In addition, several times
agency to find out how people feel about Thomas
through the years, I strongly advised him to
the man and the leader.
approach his detractors both on and off the Hill
Evan Kemp, his successor as chairman, mar-
"They attacked me without knowing the facts,"
vels at what Thomas did with a historically
he would say, "and it would be hypocritical to
underfunded agency that saw its budget cut nine
approach them." This is a man who advanced in a
out of 10 times in the 1980a. (Usually Congress
political environment in spite of, not because of,
cut the president's request, then beats up the
his political skills.
agency for its budget-related shortcomings.)
Perhaps the most absurd charge leveled at
Clarence Thomas inherited a poorly managed,
Thomas is that "he forgot where he came from."
dispirited agency whose employees were embar-
Thomas's professional and personal life, not to
rassed to admit where they worked. His legacy,
mention his conscience, wouldn't permit him to
according to Kemp, is that employees are now
forget his roots if he wanted to. Neither would
proud to work at the EEOC and even named the
the world around him. After lunch a few weeks
new headquarters building after him. Nonethe-
ago, he and I were strolling around downtown
less, says Kemp, "Clarence won't get the credit
Washington. He suddenly realized he was late for
that is his due; I will" People throughout the
an appointment and asked me I'm white) to hail-
agency sing Thomas's praises-his dedication,
him a cab.
16
his professional standards, his extraordinary sen-
"I have trouble getting a cab downtown, and
sitivity to and support of the "little people," and
it's virtually impossible in Georgetown," he said,
his inspiration to employees at all levels.
jumping into the taxi I had flagged down as the
The suggestion that his actions have been
driver mouthed an obscenity in my direction.
politically motivated is laughable. This is not a
political animal. His passionate, behind-the-scenes
The writer was principal policy adviser to
Sen. John C. Danforth (R-Ma) for 11 years.
CLARENCE THOMAS
From Thomas hearings: Thomas said that his grandfather used to
tell him, "Give out, but don't give up."
Calvin Coolidge said, "No person was ever honored for what he
received. Honor has been the reward for what he gave."
130 И Members of the Court
Although he presided unofficially over the August term of
Cushing is known as the last American judge to wear a
the Court, his nomination as chief justice was rejected by
full wig, a habit he did not abandon until 1790.
the Senate in December 1795 because of his public opposi-
tion to the Jay Treaty with England.
Rutledge attempted to drown himself after hearing
Public Career
news of his Senate rejection and suffered lapses of sanity
When Cushing's father, John Cushing, decided to re-
until the end of his life. He died in July 1800 at the age of
tire from the provincial superior court in 1772, he insisted
sixty.
that his son succeed him as judge. Although William Cush-
ing was not the colonial government's first choice, he none-
theless was appointed to the position that year.
In 1774 Cushing reluctantly allied himself with the
colonials by refusing to accept his salary through the Brit-
ish government. Although his decision did not come until
the state legislature began preparing impeachment pro-
ceedings against him, he now began to be perceived as a
supporter of the revolutionary cause. This belief was
strengthened when he was denied a seat on the governor's
council because of his stand.
William Cushing
In 1775 the new revolutionary government of Massa-
(1789-1810)
chusetts reorganized the judicial system but retained Cush-
ing as senior associate justice of the superior court. In 1777
he was elevated to chief justice.
Although Cushing played only a small role in the state
constitutional convention of 1779, he actively supported
ratification of the Constitution. He also served as vice
president of the state convention that ratified the docu-
Library of Congress
ment in 1788.
Born: March 1, 1732, Scituate, Massachusetts.
Cushing was one of Washington's original appointees
Education: graduated Harvard, 1751, honorary LL.D.,
to the Supreme Court in 1789. In 1794 he was persuaded to
1785; honorary A.M., Yale, 1753; studied law under Jere-
run against Samuel Adams for governor of Massachu-
miah Gridley; admitted to the bar in 1755.
setts-while retaining his Court seat-but lost by a two-to-
Official Positions: judge, probate court for Lincoln
one margin. In 1795 he declined an offer from Washington
County, Massachusetts (now Maine), 1760-1761; judge,
to succeed John Jay as chief justice. As senior associate
Superior Court of Massachusetts Bay province, 1772-
justice, however, he presided over the court when Chief
1777; chief justice, Superior Court of the Commonwealth
Justice Ellsworth was absent.
of Massachusetts, 1777-1780, Supreme Judicial Court,
Cushing remained on the bench until his death in
1780-1789; member, Massachusetts Constitutional Con-
1810, the longest term of the original members of the
vention, 1779; vice president, Massachusetts-Convention,
Court.
which ratified U.S. Constitution, 1788; delegate to elec-
toral college, 1788.
Supreme Court Service: nominated associate justice by
President George Washington September 24, 1789; con-
firmed by the Senate September 26, 1789, by a voice
vote; served until September 13, 1810; replaced by Jo-
seph Story, nominated by President James Madison.
Family: married Hannah Phillips, 1774.
Died: September 13, 1810, Scituate, Massachusetts.
Personal Background
James Wilson
William Cushing was a member of one of the oldest
(1789-1798)
and most prominent families of colonial Massachusetts. He
was descended on his mother's side from John Cotton, the
seventeenth-century Puritan minister. Both his father and
grandfather served in the government of the Massachusetts
Bay province.
Cushing graduated from Harvard in 1751. After teach-
Library of Congress
ing for a year in Roxbury, Massachusetts, he began study-
Born: September 14, 1742, Caskardy, Scotland.
ing law under Jeremiah Gridley in Boston. In 1755 he set
Education: attended University of St. Andrews (Scot-
up a private practice in his home town of Scituate.
land); read law in office of John Dickinson; admitted to
In 1760 Cushing moved to what is now Dresden,
the bar in 1767; honorary M.A., College of Philadelphia,
Maine, to become justice of the peace and judge of pro-
1776; honorary LL.D., 1790.
bates. He was not an accomplished lawyer and seemed
Official Positions: delegate, first Provincial Convention
unable to make decisions. Before long, he had lost most of
at Philadelphia, 1774; delegate, Continental Congress,
his corporate business to other lawyers. In 1774 Cushing
1775-1777, 1783, 1785-1787; delegate, U.S. Constitutional
married Hannah Phillips of Middletown, Connecticut.
Convention, 1787; delegate, Pennsylvania convention to
Brief Biographies 131
ratify U.S. Constitution, 1787.
At the Constitutional Convention in 1787, Wilson was
Supreme Court Service: nominated associate justice by
a member of the committee of detail, responsible for writ-
President George Washington September 24, 1789; con-
ing the first draft of the Constitution. Although his popu-
firmed by the Senate September 26, 1789, by a voice
list foes refused to believe it, Wilson was a fervent advocate
vote; served until August 21, 1798; replaced by Bushrod
of popular sovereignty and democracy who supported pop-
Washington, nominated by President John Adams.
ular election of the president and members of both the
Family: married Rachel Bird, November 5, 1771, died
Senate and House. One of the first to envision the principle
1786, six children; married Hannah Gray, September 19,
of judicial review, Wilson fought for a strong national judi-
1793, one son died in infancy.
ciary and a powerful presidency. He saw no conflict be-
Died: August 21, 1798, Edenton, North Carolina.
tween the ideal of popular rule and a strong national gov-
ernment because, in his view, the national government
Personal Background
existed only by virtue of the popular will. Wilson is cred-
ited with incorporating this idea of popular sovereignty
James Wilson was born in the Scottish Lowlands, the
into the Constitution.
son of a Caskardy farmer. Although the family had little
As the new national government was being formed,
money, his devout Calvinist parents were determined that
Wilson hoped for federal office and offered his name to
James be educated for the ministry.
Washington as chief justice of the new Supreme Court.
After study in local grammar schools, Wilson at four-
Washington appointed John Jay instead and named Wil-
teen won a scholarship to St. Andrews University and
son an associate justice.
matriculated in the fall of 1757. During his fifth year, he
Of the original Washington appointees to the Supreme
entered the university's divinity school but was forced to
Court, Wilson was its most accomplished legal scholar. A
leave for financial reasons when his father died.
pamphlet he had published in 1774 presaged the concept of
To help support his family, he took a job as a private
"dominion status" that serves today as the official guiding
tutor but left the position to study accounting and book-
principle of the British Commonwealth.
keeping in Edinburgh. In 1765 he decided against becom-
His defense of the Bank of North America in 1785
ing a clerk and sailed for America.
anticipated constitutional opinions delivered by Chief Jus-
After studying law in the new country, Wilson became
tice Marshall at least twenty-five years later. In 1964 Asso-
one of its foremost legal scholars. Described as a man of
ciate Justice Hugo Black cited Wilson in Wesberry
extreme energy, he was driven by a desire for wealth and
Sanders as a supporting source for the "one-man-one-vote"
fame, constantly involved in various speculation schemes,
principle.
primarily in land. He was part-owner of the Somerset Mills
Around 1796 Wilson's investment schemes began to
on the Delaware River and president of the Illinois and
collapse around him. While riding circuit, he was chased by
Wabash Company, which had vast western land holdings.
angry creditors who caught up with him at least once and
From 1777 to 1787 Wilson devoted most of his energy
had him jailed. He then sought refuge in Edenton, North
to developing new business interests. As his financial com-
Carolina-the hometown of fellow justice James Iredell-
mitments built, he continued to seek new investments. But
but was soon discovered and imprisoned again. Eventually
the credit cycle eventually caught up with Wilson. As an
released, he remained in Edenton in ill health. He died at
associate justice, he traveled the southern circuit in con-
fifty-five in a dingy inn next to the Edenton Court House.
stant fear of being thrown in jail for bad debts.
Public Career
Wilson arrived in Philadelphia in the fall of 1765 and
immediately obtained a tutorship at the College of Phila-
delphia. Teaching tired him, however, and he saw a better
opportunity in law. He soon began reading law in the office
of John Dickinson. a prominent attorney who had studied
at the Inns of Court.
In 1768 Wilson opened private practice in Reading,
John Blair, Jr.
Pennsylvania. Two years later, he moved west to Carlisle,
where his practice expanded rapidly. By 1774 he was prac-
(1789-1796)
ticing in seven counties, specializing in land law.
In 1775 Wilson was elected a delegate to the Continen-
tal Congress, where he served on several committees. He
aligned himself with other members of the Pennsylvania
delegation in opposing separation from England. In the
end, however, he followed the state assembly's instructions
Library of Congress
and signed the Declaration of Independence.
Born: 1732, Williamsburg, Virginia.
Wilson's opposition to the Pennsylvania constitution
Education: graduated with honors from College of Wil-
of 1776 attracted criticism from state populists and earned
liam and Mary, 1754; studied law at Middle Temple,
him a reputation as a conservative aristocrat. That reputa-
London, 1755-1756.
tion grew when he developed an active practice in Philadel-
Official Positions: member, Virginia House of Burgesses,
phia defending wealthy Tories and other rich businessmen.
1766-1770; clerk, Virginia Governor's Council, 1770-1775;
In 1779 he was forced to barricade his home against an
delegate, Virginia Constitutional Convention, 1776;
armed attack by a riotous mob angered over high inflation
member, Virginia Governor's Council, 1776; judge, Vir-
and food shortages. He eventually had to go into hiding.
ginia General Court, 1777-1778; chief justice, 1779; judge,
two U.S. senators. His administrative skills were immedi-
Persor
ately put to use as he helped draft the first set of Senate
Bus
rules and organize the army, a U.S. Post Office, and a
mother,
census. Ellsworth engineered the conference report on the
oldest C
Bill of Rights and helped draft the measure that admitted
ington,
North Carolina to the Union. It was Ellsworth's idea to
a memb
force Rhode Island to join the federation by imposing an
Westm
economic boycott.
As
A staunch supporter of Hamilton's monetary policies,
from th
Ellsworth had by this time become a strong Federalist. His
foundin
most important work in the Senate came when he was
club. He
chosen to head a committee to draft a bill organizing the
same ti
federal judiciary. The bill, which provided for the Supreme
Tow
Court, the district courts, and the circuit courts, became
listed as
the Judiciary Act of 1789.
when Cor
When John Jay resigned as chief justice in 1795, Presi-
After the
dent Washington appointed John Rutledge as his succes-
Philadelph
sor. The Senate refused to confirm Rutledge, however, and
succeed or
Washington chose to elevate Associate Justice William
Washi
Cushing. When Cushing declined, the nomination fell to
untidy dre
Ellsworth.
counts, he
Ellsworth had been on the Court only three years when
law. In th
President Adams sent him to France with two other envoys
"His minc
in an effort to soften hostilities between France and the
searching,
United States. The mission, plagued by transportation dif-
In 17
ficulties and only partially successful, took its toll on Ells-
daughter
worth's health.
ing the R
Before returning home, Ellsworth notified Adams of
constantly
his resignation as chief justice. He lived on his estate in
judge. Sh
Windsor until his death in 1807.
died hers
Whei
dren of hi
all his pu
The forme
when his V
out this re
slaves to tv
the proces
For ti
journals of
the slaves
Bushrod
1816 Was
Washington
the Amer
port free 1
(1798-1829)
by abolitio
Public C
Washin
Library of Congress
land County
Born: June 5, 1762, Westmoreland County, Virginia.
where he sp
Education: privately tutored; graduated College of Wil-
couragemen
liam and Mary, 1778; read law under James Wilson;
of Delegates
member, Virginia bar; honorary LL.D. degrees from Har-
sent as a de
vard, Princeton, and University of Pennsylvania.
successfully
Official Positions: member, Virginia House of Delegates,
state approv
1787; member, Virginia convention to ratify U.S. Con-
Around
stitution, 1788.
he developed
Supreme Court Service: nominated associate justice by
law students,
President John Adams December 19, 1798, to replace
also served as
James Wilson, who died; confirmed by the Senate De-
much of his ti.
cember 20, 1798, by a voice vote; served until November
argued before
26, 1829; replaced by Henry Baldwin, nominated by
During hi.
President Andrew Jackson.
allied with Ch
Family: married Julia Ann Blackburn, 1785; no children.
deed, Justice
Died: November 26, 1829, in Philadelphia, Pennsylvania.
Marshall Cour
138 III Members of the Court
ington "are commonly estimated as a single judge." Wash-
North Carolina Confiscation Act, which allowed the state
ington disagreed with Marshall only three times during the
to confiscate all land that had been abandoned by Loyalists
twenty-nine years they were on the Court together.
during the Revolution.
A strong Federalist, Moore lost election as a delegate
to the state constitutional ratifying convention, but was
instrumental in getting the state finally to approve in 1789.
Moore resigned as attorney general in 1791 when the
state legislature created a new office of solicitor general,
giving it the same powers and salary as the attorney gen-
eral. Moore claimed the new office was unconstitutional.
In 1792 Moore was elected to the state legislature
again, but three years later lost a race for the U.S. Senate
by one vote in the legislature. In 1798 he was appointed by
Alfred Moore
President John Adams as one of three commissioners to
(1799-1804)
negotiate a treaty with the Cherokee Indians, but he with-
drew from the discussions before the treaty was signed. In
1799 he served as a judge on the North Carolina Superior
Court.
When Justice James Iredell died in 1799, Adams
looked to North Carolina for a replacement. William R.
Davie was apparently the first choice, but he had just been
Library of Congress
made a diplomatic agent to France, so the nomination went
Born: May 21, 1755, New Hanover County, North Caro-
to Moore.
lina.
Moore exerted little influence during his five years on
Education: educated in Boston; studied- law under his
the Court and wrote only one opinion. He resigned in 1804,
father; received law license, 1775.
citing ill health, and returned home to work on the devel-
Official Positions: member, North Carolina legislature,
opment of the University of North Carolina. He died in
1782, 1792; North Carolina attorney general, 1782-1791;
North Carolina on October 15, 1810, at the home of his son-
trustee, University of North Carolina, 1789-1807; judge,
in-law.
North Carolina Superior Court, 1799.
Supreme Court Service: nominated associate justice by
President John Adams, December 6, 1799, to replace
James Iredell, who died; confirmed by the Senate De-
cember 10, 1799, by a voice vote; resigned January 26,
1804; replaced by William Johnson, nominated by Presi-
dent Thomas Jefferson.
Family: married Susanna Eagles.
Died: October 15, 1810, Bladen County, North Carolina.
Personal Background
John Marshall
Alfred Moore was the son of a North Carolina colonial
(1801-1835)
judge. He was descended from Roger Moore, a leader of the
1641 Irish Rebellion, and James Moore, governor of South
Carolina in the early eighteenth century.
Seeking the best education for their son, Moore's par-
ents sent him to school in Boston. After completing his
studies there, Moore returned home and read law under his
Library of Congress
father. At the age of twenty he was licensed to practice law.
Born: September 24, 1755, Germantown, Virginia.
During the Revolution Moore served as a captain in a
Education: tutored at home; self-taught in law; attended
Continental regiment commanded by his uncle, Colonel
one course of law lectures at College of William and
James Moore. He saw action in several successful battles,
Mary, 1780; member, Phi Beta Kappa.
but, after his father died in 1777, left the army and re-
Official Positions: member, Virginia House of Delegates,
turned to the family plantation to be with his mother. He
1782-1785, 1787-1790, 1795-1796; member, Executive
continued his activities against the British by joining the
Council of State, 1782-1784; recorder, Richmond City
local militia and participating in raids on troops stationed
Hustings Court, 1785-1788; delegate, state convention for
in Wilmington. The British plundered his property in re-
ratification of federal Constitution, 1788; minister to
taliation.
France, 1797-1798; U.S. representative, 1799-1800; U.S.
secretary of state, 1800-1801; member, Virginia Constitu-
Public Career
tional Convention, 1829.
Supreme Court Service: nominated chief justice by Pres-
Following brief service in the North Carolina legisla-
ident John Adams January 20, 1801, to replace Oliver
ture, Moore became state attorney general in 1782, suc-
Ellsworth, who resigned; confirmed by the Senate Janu-
ceeding James Iredell, his predecessor on the Supreme
ary 27, 1801, by a voice vote; served until July 6, 1835;
Court, and during that time became a leader of the state
replaced by Roger B. Taney, nominated by President
bar. In one major case, Moore argued in support of the
Andrew Jackson.
]
368
LAW
Even when laws have be
Let every American, every lover of liberty, every well-wisher to his
remain unaltered.
posterity swear by the blood of the Revolution never to violate in the
-ARISTOTLE, Politica
least particular the laws of the country, and never to tolerate their
trans., Oxford: The Clar
violation by others.
-LINCOLN, Abraham, Address Before The Young Men's Lyceum Of
Springfield, Illinois, January 27, 1837, in I Complete Works of Abraham
Lincoln, Edited by John G. Nicolay and John Hay (New York: Francis
D. Tandy Company, 1894), pp. 42-43.
LAW AND ORDER
Our defense is not in ai
Thus ended this brief and fruitful exercise of overwhelming force
ground. Our defense is
against a weak and ancient state. Britain and Russia were fighting for
-EINSTEIN, Albert,
their lives. Inter arma silent leges. We may be glad that in our victory
New York Times Magaz
the independence of Persia has been preserved.
-CHURCHILL, Winston S., The Second World War: The Grand
Alliance (Boston: Houghton Mifflin Company, 1950), p. 482.
Thus law and order ai
Negro children of their
-WARREN, Earl, in (
It is emphatically the province and duty of the judicial department to
say what the law is.
-MARSHALL, John, in Marbury v. Madison, 5 U.S. (1 Cranch) 137,
177 (1803).
It is the capacity to CO
for power. The force (
untary compliance-is
eralizing influence. In
The law book looks with tender eyes on the will of an aged person and
sense is the very fabri
in the absence of the clearest and most convincing proof of invalidity
of the millennium.
the courts will uphold it.
-COX, Archibald, F
-HEFFERNAN, Christopher J., In re Beneway's Will, 272 App. Div.
Rights, the Constitu
463, 71 N.Y.S. 2d 361 (3rd, 1947).
Harvard University P
Still you keep o' th' windy side of the law.
-SHAKESPEARE, Twelfth Night, III, 4.
LAW OFFICE
He considered that th
necessity for the you
Law has always been unintelligible, and I might say that perhaps it
his own good fortun
ought to be. And I will tell you why, because I don't want to deal in
-MARJORIBANKS
paradoxes. It ought to be unintelligible because it ought to be in
millan Company, 19
words-and words are utterly inadequate to deal with the fantastically
multiform occasions which come up in human life.
-HAND, Learned, "Thou Shalt Not Ration Justice" 9 Brief Case,
(No. 4, 1951), pp. 4-5.
Criticize in the mor
around five o'clock,
My friendship with Thomas
tells me he is a good choice
While thumbing
almost 20 years.
robe and gavel, and oversimplified
through newspa-
Clarence and I were introduced in the
ulations of what he might do once 1:
pers and listening
early 70s by John C Danforth, then the
fice.
to television since
Missouri attorney general and now the
Some are saying Mr. Thomas ha
President Bush
state's senior U.S. senator. Since that
lowed himself to be used as an in
nominated Clar-
time, he and I have become good friends.
ment to push African-Americans
ence Thomas to the
Most of our earlier moments together
from the fight for racial justice; I
ALPHONSO
U.S. Supreme Court,
were spent in St. Louis with our good
never. The Clarence Thomas I know
JACKSON
I have been quite
friend Larry Thompson, now & partner at
members the pain of discrimination.
offended by the un-
King & Spalding in Atlanta.
From our many private and pt
warranted labeling,
Later, our political careers took us to
discussions, I recall him saying, "I
outrageous charges and ludicrous judg-
Washington, where Clarence became
never forget the agony of discrimint
ments made against the appeals court
chairman of the federal Equal Employ-
- the humiliation of prejudice. Thre
judge.
ment Opportunity Commission and I
summer work at the New Haven I
The Clarence Thomas 1 know is a self-
headed the district's Department of Pub-
Assistance Clinic, under a grant from
made man who has worked. enormously
lic and Assisted Housing. There we spent
Law Students' Civil Rights Rese
hard to get where he is today. He will
countless hours debating polities and
Council, I did not forget. Through
serve the Supreme Court well. Not
disagreeing on issues; but, through the
Cross and Yale, I did not forget. As
through "Uncle Toming," buying his way
years, we remained loyal friends and
tant attorney general and assistant E
to the top or being a "token," as some
philosophically in tune.
tary, I did not forget. As chairman 0
have suggested; but through his own
That is why I am convinced the allega-
EEOC, I cannot and will not forget."
strength of character. perseverance and
tions being made against Clarence The-
Others are saying Mr. Thomas op
strong belief in the American dream. 1
mas are merely quick and simplistic
affirmative action and does not su
should know - I have known him for
judgments of the real man behind the
civil rights. I say the Clarence The
know strongly supports civil rights. In
more sound decision than to nominate
an appearance at Holy Cross College, I
Clarence Thomas for the next Supreme
was proud to hear him say:
Court justice. Mr. Thomas is a man who
"My grandparents, who raised me, are
believes that justice must be colorbiind,
perfect examples of what discrimination
just as the late Dr. Martin Luther King
can do. No matter what efforts they
believed when he, during the march on
made, race was a roadblock to taking full
Washington in 1964, stated that one day,
advantage of the benefits of this country.
be hoped that his children would be
As a result of living through this experi-
judged by the content of their character,
ence and other experiences, I have
not the color of their skin.
strong views about civil rights. Many of
The Clarence Thomas I know is capa-
us have walked through doors opened by
ble, competent and compassionate. His
the civil rights leaders; now you must
credentials speak for themselves and are
see that others do the same."
above reproach. r firmly believe he will
While some in the civil rights move-
be capable of recognizing recism when it
ment contend that they are not con-
comes before him on the Supreme Court,
vinced that Mr. Thomas is the right
competent to fairly judge critical issues
choice, I say he is. 1 think the main issues
and compessionate to rule on each case
should be his ability to interpret the law
according to facts, not politics.
fairly, follow it through and judge with
Isn't that what we really want from &
compassion. There is no doubt in my
Supreme Court justice?
mind that Clarence Thomas will be a fair
and equitable Supreme Court justice.
Alphonso Jackson is executive director
President Bush could not have made I
of the Dallas Housing Authority.
SUNDAY. JULY 7. 1991
'He Is Nothing If Not
an Independent Thinker'
PERSONAL
There were cheers that day as well.
Clarence loves to tell the story of the
PERSPECTIVE
day be arrived at the EEOC. His preds.
cessor had left him the use of "chate." but
when he finally gained admittance to his
office-he had trouble convincing the.
By R. Gaull Silberman
guard that be Clarence Thomas. was the
WASHINGTON
new chairman of the EEOC-no chair mL
W
ben Clarence Thomas stepped
behind his desk. Neither chair. systems
ones the national stage last
nor semblance of organization was to -
Monday in Kennebunkport.
found. Clarence got himself a chair and a
Ma. cheers erupted at the Equal Employ-
Classe Coke, put bis grandfather's and Mis.
more Opportunity Commission. the -
son's pictures on his desk (it at least
a be headed for eight years. That
remained) and went to work.
longtime employees of the often belos-
Much has been written about Myers.
guared commission cheered Thomas'
Anderson. Clarence's grandfather. the
nomination to the Supreme Court is a
most profound influence on his life. When
story to street.
I first came to the commission in late.
Immediately after President George
1964 Anderson had only died recently,
Bush introduced Thomas. members of the
When Clarence talked about him. his eyes:
press started calling the commissions
velied $ 9 y
Who is this Clarence Thomas!"
grandson to "make something of your-
For those of - who were his cot-
self." that "Mr. Can't is dead. 1 helped:
leagues. the answer w quite simple He is
bury him" became the rallying cries for
dignified. reflective. direct. careful. cou.
an agency to which "Mr. Can't" had been
regeous-s friendly. funny man with a
very much alive.
bearty laugh. The Clarence Thomas you
The men and
see in the Clarence Thomas you get.
women of the
Everyone at the EDOC remembers that
EEOC love Clar-
his arrival to May. 1962. aroused 4 good
ince because. -
measure of skepticism from a staff weary
a real sense. ha-
of uncertainly -nd leary of this Reagan-
is DOB of them.
appointed black man. They. too. asked.
In the earty
"Who is this Clarence Thomas!"
days of his
This past week. I've been reminiscing
chairmanship,
with some of the men and women of the
he would go
EEOC about then-Chairman Thomas One
down to the fl-
theme stands out Thomas profoundly
nance section so
Influenced the commission and the men
often that he
and women who work for K At his
had his own chair there The supervisors
renomination heartngs to 1987. the line to
were not sure that the chairman's tree
- into the committee FOODS wound
quest. unannouneed visits were DECEME
around the corridors of the Dirksen
sartly a good thing. But as staffer. Mary
Building. so many commitation employees
Stringer remembered this week. "We
had taken anount leave to go down and
closed the books on Sept. 30th and if we
support their leader.
were here E two in the morning. Clas-
And lead he did. Clarence challenged
ence was here."
his staff to do better. convinced them that
"Pop" Tate. once janitor. now reving
be and the agency needed their best. He
CEOC jack-of-all-trades. is keeping a
told them that tough times were ahead
scrapbook of everything that's being
(be was sight). that they were going to
written about his friend. Judge Thoruse
have to break some crockery but. togeth.
"Pop" never quite understood how any.
or. they would pick up the pieces and
one who lived in Washington could root
crests a revitalised agency of which they
for the Dallas Cowboys. but Clarence W.
could all be proud. And be did just
nothing of not an tndependent thinker.
that-when he left the commission. the
Clarence does not uneritically accept
new butlding for which be had fought so
orthodoxy of any suripe. He questions
hard was named the Thomas Building.
cliches like "color-blind society." know.
ing full well that color and race are facts'
of life. factors in life. You can make them
a plus. make them a minus. but you can't
erase them.
Clarence publicly questioned the Res-
gan Administration's seeming reluctance
to broaden the Republican Party. He
inststed that his party had room for people
of all colors. faiths. conditions and classes.
That's why he was an inspiring head of
the EEOC. His liberating message to all
who know him - You count because of
who you are and what you do. not because
of what goods you possess or to what race
(or religion) you belong.
And that's the significance of his ap-
pointment. Clarence Thomas' confirms-
Lion hearings present a historie oppor-
tunity to reassure the people of this
country that the American dream lives.
The men and women of the United States
Equal Employment Opportunity Comms.
non are getung ready to cheer again.
MONDAY, JULY 8, 1991
Quotas or no, Thomas is best choice
One of the remarkable things about President Bush's
The defeat of the Civil Rights Act of 1990 and the slow
nomination of Judge Clarence Thomas to become a Jus.
going of this year's civil rights legislation are symptoms
tice of the U.S. Supreme Court was the applause that foi-
of a changing climate in the country, in which preferenc
lowed Judge Thomas' brief and mov.
es and quotas can no longer be disguised under the label
ing speech. The President himself
"civil rights."
commented that be had never heard
Not only are white voters less susceptible to the rhet
applause at a press conference before.
orie and tactics that once carried the day, but among
That applause was more than a
blacks, Hispanics and other minorities, many new voier
reaction to the speech itself. It was a
have arisen to challenge the assumption that yestarday
reaction to Clarence Thomas. who
prescriptions will cure the very different ills of today. If
has been around Washington in vari-
minority individuals can defy the minority establish.
ous roles for more than a decade now.
ment viewpoint. as Clarence Thomas has done. and stil
Not all the people who respect him
advance. this will be a crucial sign that blacks, for exam
THOMAS
agree with him, but they have come
ple, do not have to "come by" Ben Hooks and get his MI.
to know him as a man of honor. intel-
of approval.
SOWELL
ligence, decency and courage. Those
Considering that clout and turf are at stake, we can
privileged to know him personally al-
expect a desperate, and perhaps even dirty, fight to bloe.
so know that be is a man of humor. who could never be
Judge Thomas' confirmation to the Supreme Court. Bu
one of those judges who confuse the mselves with God.
that media applause after his little speech at Kenne-
Will Judge Thomas make a good Supreme Court Jus.
bunkport suggests that it may not be so easy to get even
tice? No one knows the future- especially the future of
the liberais in the press and on the air to cooperate in a
the Senate confirmation process - but Clarence Thom-
smear or in an attempt to depict Judge Thomas as some
as has done a good job every place be has been, and there
kind of agre.
is no reason to think that be will do less than his best on
The appointment of a black nominee to take the plac
the Supreme Court of the United States. He will be a
of retiring Justice Thurgood Marshall opens the Bush
worthy addition to the high court if the Senate Judiciary
administration to the charge of engaging in the kind of
Committee lets him get there.
racial quota which they claim to oppose. But that is I po
Already there are political threats. ironically from
litical problem of the Bush administration, not some-
Benjamin Hooks of the National Association for the Ad-
thing that is relevant to the Senate's determining Judge
vancement of Colored People (NAACP). No one epito-
Thomas' qualifications, much less something for Judge
mizes the advancement of black Americans more so than
Thomas himself to be concerned about.
Clarence Thomas Born in poverty during the era of Jim
Back in the early 19th century, there was a "Jewish
Crow in the South. Thomas confronted all the barriers
seat" on the London stock exchange which was filled by
and overcame them all.
the great economist. David Ricardo. There is no ori-
Everyone must now recognize that the NAACP
dence. either in Ricardo's public statements or in his pri
played an historic role in challenging the system of racial
vate correspondence, that be let that fact worry him or
segregation and state-mandated discrimination in the
interfere with his doing his job well. La the end, be be-
South The tragic irony is that today they seem deter-
came highly respected by Jews and protiles alika.
mined to discredit and destroy all blacks who do not
That is also what we can expect from Judge Clarence
kow-tow to their more recent party line in favor of racial
Thomas if Senate confirms his nomination to the Su-
preme Court.
preference and quotas.
Clarence Thomas opposed them on this when be was
As for a permanent "black seat" on the U.S. Supreme
chairman of the Equal Employment Opportunity Com-
Court. two appointments do not make a lasting tradi-
mission during the Reagan administration. so they may
tion. There was once thought to be & "Jewish seat" on the
try to get back at him by publicly opposing his confirma-
Supreme Court but DO Jewish justice has been on the
tion and by mobilizing their political allies in Congress
Court for more 20 years now. With Clarence Thomas be-
and the media against Judge Thomas. If so. it will be a
ing so young only in his early forties - it should be
sad example of what Winston Churchill once called the
many years before his replacement will have to be nomi-
past trying to sit in judgement on the present - with the
nated. By then. we can certainly hope that any idea of ra-
cial quotas will be long forgotten.
future being lost as a result.
More is involved than a political vendetta. The wan-
ing political influence of the various civil rights organi-
Economist Thomas Sowell's column appears every
zations has been increasingly apparent in recent years.
Monday is The News.
How to Juage
serve in the work judges do.
Lawyers have a saying: When you have the law on your
side, argue the law; when you have the facts, argue the
a Judge
facts; when you have neither. pound the table. Liberal
senators and their allies in the civil rights lobby, reduced
to table-pounding about the judicial nominees of conserve-
tive presidents. resort to the charge of insufficient "sensi-
tivity." The coming discomfiture of the sensitivity-mon-
Judicial
gers is going to be delicious. We have the remainder of the
summer to savor in anticipation the September spectacle
confirmation
of Senators Kennedy and Metzenbaum tutoring Thomas in
"sensitivity" about poverty and racism.
hearings should
Thomas's supporters may be tempted to take the politi-
not require moral
cally easy and intellectually undemanding path, emphasiz-
ing his exemplary life rather than his jurisprudence. He
exhibitionism
is indeed intimately acquainted with the rough edges of
about "sensitivity"
American life. But judges do not have a mandate to decree
social ameliorations; they are not licensed to wield power
on behalf of whoever is not getting full justice from the
political system. The severe ethic of judging requires prac-
raise of the praiseworthy can be problematic
titioners of that craft to keep their moral sensibilities on a
P
when the person praised is a Supreme Court nomi-
short leash. Courts do not exist to right all the wrongs that
nee. Come September. Clarence Thomas should be
other government agencies have, for whatever reasons,
confirmed. Between now and then. the drama of
refused to right. Neither the adjective "unwise" nor even
his life will elicit much praise. Too much.
"unjust" is a synonym for "unconstitutional" when modi-
To be sure, his ascent, by dint of will and courage, from
fying the noun "law."
grinding poverty to his current eminence has been dramat-
Austare self-denial: Judges wear robes to efface personal
ic and heartwarming and speaks well of America and him.
attributes. Robes affirm the fact that judging, properly
However, Thomas's life story should be of only minor
pursued. requires an austere self-denial-literally, de-
relevance to the debate about his fitness to shape the life of
nial of the self. Judges must ensure. by acts of will, that
the law for three or more decades. To think otherwise is to
their personalities and politics are irrelevant to their
partake of pernicious thinking, about the Constitution and
decisions. True. to some irreducible extent, character-is
courts, that Thomas presumably opposes.
destiny even for judges. But the best judges stringently
Two rationales for his nomination are in tension. One is
reduce the extent.
that President Bush believes Thomas has the sort of judi-
An admirable biography is no substitute for. or reliable
cial temperament that candidate Bush promised to seek. If
indicator of, a sound judicial philosophy. A judge with a
so, Thomas is comfortable with the discipline of keeping
truly judicial temperament should try to expunge from his
his moral preferences hermetically sealed from his acts of
or her reasoning all influences other than legal arguments.
judging. But the second reason some people praise Thom-
Social origins, be they Holmes's on Beacon Hill in Boston
as's potential as a justice is that his humble origins pre-
or Thomas's in Pin Point, Ga, should not influence ju-
sumably have given him the "sensitivity" to empathize
dicial reasoning. Such reasoning is about precedents, and
with individuals and groups whose disadvantages deserve
the text of a law as the words were understood by intelli-
redress. Here, then. is the rub: The best reason for nomi-
gent people at the time of its enactment. and the law's
nating him is that he believes that redressing grievances is
legislative history. Concerning constitutional questions.
usually the responsibility of the political branches of gov-
proper reasoning is about the text and structure of the
ernment, legislative and executive, and that courts cannot
document as seen in such light as is shed by whatever is
step in merely because other agencies have not.
known of the Framers' intentions.
If Bush was right to nominate Thomas, it is right to
If Thomas and his supporters flinch from asserting the
defend the nomination forthrightly on the ground that
virtues of his philosophy rather than of his character, they
Thomas believes this: Courts have been cavalierly render-
will be truckling to the Senate Judiciary Committee's "po-
ing result-oriented decisions, basing conclusions on person-
litical correctness," which is packed into the word "sensi-
al moral preferences rather than legal reasoning, short-
tivity." Courts are degraded and constitutional law is dis-
circuiting democratic processes in order to achieve by
torted when judicial nominees are required to turn their
judicial fiat ends that are essentially political and properly
confirmation hearings into an exercise in moral exhibi-
achieved only by processes of persuasion.
tionism. stressing their "sensitivity" about this or that
Because Thomas is such a sympathetic figure. and has
social problem rather than their understanding of the
such slight judicial experience (16 months on the bench),
judicial function.
the nomination of him may look like capitulation to the
Thomas's confirmation hearings would be a good time to
anti-intellectual. anti-constitutional, anti-judicial tenor of
affirm what the opponents of Robert Bork denied-that
the anti-Bork campaign. The lyricism of Thomas's life
mind matters more than moral preening when choosing
largely immunizes him against the sort of tendentious and
judges. Otherwise we shall have the kind of Court Roman
demagogic attacks that defeated Bork. Unable to match
Hruska suggested. In 1970, Senator Hruska. a Nebraska
wits with Bork, critics abandoned philosophic argument in
Republican. was desperate to devise a reason for supporting
favor of moral assault. The moral vanity of contemporary
Nixon's nomination of Judge G. Harrold Carswell. Hruska
liberalism manifests itself in constant bragging about
said: So what if Carswell is mediocre. So are lots of people,
"sensitivity." Bork's critics said they had cornered the
and they deserve representation on the Court
market on it And they were murky about how "sensitiv-
Oh no they don't
54 NEWSWEEK : JULY 15. 1991
EDITORIAL
BY DAVID GERGEN
EDITOR AT LARGE
THE BRIEF ON CLARENCE THOMAS
he more one learns about Clarence Thomas. the
the game over. ensuring that it is now played with abso-
T
more compelling he becomes as a nominee to
lute fairness. To insist upon preferences or quotas for
the Supreme Court-and as a fresh hope in
blacks may grant them temporary gain but cost them
breaking America's paralyzing deadlock over race. In
their own self-confidence and white respect. Stop rob-
recent days, his life story has already been turned into
bing us of our manhood. he says angrily.
the stuff of legend: a young man-whp lifted himself
Thomas does not walk away from disadvantaged
from the hardscrabble of rural Georgia, so dark-
blacks: indeed. he has invested years trying to help them.
skinned that other blacks in Savannah called him ABC
But he thinks the proper role for government is to clear
("America's Blackest Child"): nurtured by a grandfa-
away the hurdles of all poor people-the drugs, crime
ther who could barely read. but knew enough to instill
and malnutrition that plague inner cities-without re-
the old values of hard work. self-reliance and religious
gard to race. Nor is he a lackey for white bigots. At the
faith: taught by nuns. but taunted by classmates in an
EEOC. he sought much tougher penalties against
all-white high school: persevering up
hites ho discriminate: He wanted to
the ladder through Yale Law School.
fine them heavily and toss them in jail.
onto the staff of John Danforth in
Asia Reagan appointee. he attacked
Missouri, then to Washington. and al-
'He believes
the administration for dragging its feet
ways. always. a lonely. personal strug-
government's role
on voting rights. for granting a tax ex-
gle to be his own man.
emption to all-white Bob Jones Uni-
Yet Thomas offers far more than
is to protect the
versi." and for failing to offer a positive
inspiring biography. "What Clarence
individual, not to
vision to blacks. He is not even certain
is all about." savs his friend, Republi-
about the merits of integration. Just to
can Senator Danforth. "is that in this
advance the
sit next to a white child in school solves
country you should have the freedom
interests of any
nothing. he believes. First. the black
to think what you want to think.
child must learn to believe in himself.
whether you're black. white. or any-
one group.
In donning judicial robes. Thomas
thing else." Just as he has cut his own
has pledged that his personal views
career path, he has plowed his own
will not matter. So strong is his alle-
mental furrow, catching hell from all
giance to law and precedent that his
sides. Many civil-rights groups believe
closest admirers believe he is more
he betrays blacks because he refuses to march in lock-
likely to fit the Felix Frankfurter than the William
step with their agenda. From his days running the Equal
Rehnquist mold. refusing to join conservative activists
Employment Opportunity Commission, when he op-
eager to strike down rulings from the Warren court. We
posed racial quotas, they dismiss him as a black conser-
won't know for sure how he will come out on abortion,
vative doing the white man's bidding. In truth, Thomas
school prayer or crime until he actually sits on the court.
doesn't fit into any political box: he is. as Washington
What we do know is that. as George Bush said. this
political writer Juan Williams described him four years
new nominee is "fiercely independent," and in today's
ago in The Atlantic. "ideologically sui generis."
climate, his voice is welcome. America has wound up
Drawing heavily upon his life and his readings.
in a terrible cul-de-sac over race: Most whites. blacks
Thomas believes that under natural law (and America's
and browns now believe in equality, but we are hung
Declaration of Independence). all men and women are
up in arguments and in government programs that
created equal, and that the U.S. Constitution provides
aren't working to bring it about. Too many black activ-
legal guarantees. Government's role is to protect the
ists insist that all blacks are victims and need special
rights of the individual but not to advance the interests
preferences throughout life: too many whites have giv-
of any group. black or white: it is up to the individual to
en up trying to find answers and suspect a black under-
make it on his own. Yes. whites tilted the game unfairly
class will be with us forever. Now comes Clarence
in their direction for generations. but rather than com-
Thomas insisting that if both races shape up. blacks
pensating blacks for past sins. government should start
can still make it on their own. He should know.
84
U.S.NEWS & WORLD REPORT. JULY 15. 1991
Newsday
WEDNESDAY, JULY 17, 1991
BILL REEL
It's Clarence Thomas VS. the Media
A
T A HOLY CROSS alumni gathering on
June 8, the college's basketball coach,
applicants were evaluated differently from
George Blaney, was chatting with a
whites," said the story.
prominent alumnus, Connecticut Supreme Court
The piece went on at great length to imply insid-
Justice Angelo Santaniello. when U.S. Court of
iously that Yale let Thomas in because he was
Appeals Judge Clarence Thomas walked into the
black. Then, in the 25th paragraph of a 26-para-
room.
graph story, appeared the line:
Thomas, 43. spotted Santaniello. 67, embraced
"He was in the top 7 percent of his class at Holy
him and exclaimed. "My friend!" They exchanged
Cross."
greetings, then turned to Blaney to talk their fa-
This telling fact. of course. refutes the premise
vorite sport, basketball.
that Thomas benefited from a quota system. His
That scene was recalled by Santaniello in his
very high class rank at Holy Cross clearly qualified
chambers in New Lomion this week as he spoke
him for Yale Law School without help from any
glowingly about Thomas, who, three weeks after
affirmative action policy.
their get-together at Holy Cross, was nominated
Was this story u deliberate atteinpt to diminish
by President George Bush for the U.S. Supreme
Thomas? Sure looks that way. How else can such a
Court.
smear be explained?
"Wo've known each other since he entered
Is the man qualified to serve on the United
Yale Law School in 1971," Santaniello said. "At
States Supreme Court? That's the real question. of
the time, Father John Brooks, the president of
course. and it will be decided by the United States
Holy Cross. asked me to look Clarence up and
Senate. where Clarence Thomas will he judged by
say hello. I did, and we've been friends ever
the likes of Teddy Kennedy. How reassuring.
since. At his request. I swore nim in as chairman
Coach Blaney of Holy Cross commented the oth-
of the Equal Employment Opportunity Commis-
er day. "Clarence is a very solid person. no fanfare.
sion in 1982.
always up-front, always ready to help. We have a
"How would I describe him: He's a very warm
lot of Holy Cross friends in common. Clarence has
person. Humble. personable. intense. straightfor-
all kinds of friends."
ward, with no airs. Clarence Thomas is a real fair
May his friends console him as his enemies at-
tack.
guy. He shouldn't be stereotyped, because he
won't walk a stereotyped line. Clarence calls it as
he sees it. not as someone wants him to see it.".
A few good words from an old friend seem appro-
priate to balance the bias against Thomas that pre-
vails in the media. For example, in a typically snide
swipe, a New York Times op-ed columnist wrote
last week that the revelation that he smoked pot a
couple of times in college "is the most humanizing
thing I have heard about Judge Thomas so far."
Really? This is the man who. after Bush intro-
duced him as his nominee for the Supreme Court,
struggled to hold back tears when he thanked the
loving grundparents who raised him and the devot-
ed nuns who taught him as a boy. That was as
human a moment as America has seen lately.
Thomas is believed to be at least skeptical of
abortion and possibly a foe of it. Abortion was
anathema to civilized Americans for most of the
nation's history, but the killing of unborn babies
has come to be fervently championed as an abso-
lute right by mediu opinion makers.
Thomas is at the media's mercy, and the bashing
is merciless. A Page 1 story in last Sunday's Times
suggested that he was admitted to Yale Law School
on his color and not his qualifications. "Under the
program. which was adopted in 1971. the year
Judge Thomas applied. blacks and some Hispanic
THE PONT
THEM. 1101516. 1991 A15
Margaret Bush Wilson
The NAACP Is Wrong on Thomas
The young man standing at my door that
integrity, his legal mind and his determination.
beyond misinformed rhetoric. On a personal
unls who did not have access to this society,
summer day in 1974 looked like an African
Even when ne disagree. I have found him to be a
level. he knows the struggle and hardship blacks
gained
access.
I may differ with others on
prince. Hello, I'm Clarence Thomas." he said. 1
sensitive and compassionate person trving to do
and the unpoverished of every race grapple with
how best to do that, but the objective has always
know." I replied. "I've been expecting you." And
what IS right. working to make the world a better
daily-nx to mention the plight of most families,
been to include those who have been excluded."
so began a friendslup with someone I think of
place.
sure in. my judgment the central issue of our
As young Clarence Thomas kft my home at
fondly as a second son.
Back then I sensed that he would one day be in
time in that some 82 percent of the families in
the end of the summer, he asked how much he
I first heard of young Thomas (then almost 26)
a position to have a Luger unpact, but I had no
these United States have nddiscretionary income
owed for his stay. I told him that he owed me
from his employer-to-be, Sen. John Danforth
way of knowing that this determined young man
after bills and taxes are paid.
nothing, but I did want a promise from him. I
(R-Mo.). who was attorney general of Missouri at
night one day have the chance to tackle some of
We didn't talk much about Judge Thomas's
asked him to promise that if he were ever in a
the time. Mr. Danforth told me he had just hired
our country's problems on this nation's highest
a bright young law graduate from Yale and asked
background that summer 17 years ago, so it is
position 10 reach out and help others that he
court.
if I knew of a place the young man could live for
only recently that I have learned about his
would do it, just as some had done for me and as I
Recently, the NAACP National Board took
the summer while studying for the Missouri bar.
humble beginnings. The cramped house with no
had done for him.
action opposing Judge Thomas's nomination. I
My own son, Robert, was then a law student with
plumbing in rural Georgia, his wise but not
lle promised he would, and Judge Thomas has
wish it had withheld judgment until after the
plans to work that summer in Washington. I
learned grandparents, the Catholic nuns and the
hearings, because the Clarence Thomas I have
been keeping his word ever since, looking out for
invited young Clarence to stay in my son's empty
been reading about often bears little resemblance
rest have only recently come into full view for
the vulnerable and victinuzed on the job, in the
room.
to the thoughtful and caring man I have know
me. To rise above the dual curses of poverty and
community and at the court. I know that as a
I don't recall seeing another young person as
discrimination requires tremendous individual et.
over these years.
Supreme Court justice Clarence Thomas will
disciplined as Clarence Thomas. First thing,
Judge Thomas reflects the diversity and com-
fort from a special kind of person, help from
continue to defend and protect the rights of the
every day. he would exercise with my son's
plexity of African-American thinking. but his
others and luck. All these have been present in
needy. lie does not permit anyone to think for
weights and then be off to his studies. I asked of
views are not nearly as radical as his critics
Judge Thomas's career.
him, and he is intellectually honest.
hum only one thing: I would prepare dinner, and
suggest. lie has pushed for a new frontier in civil
Throughout the history of the U.S. Supreme
When the history of these times is written. it
he would show up on time. We would eat
rights. and heaven knows we need one when
Court, I don't believe any other nominee can
will be interesting to see how historians view the
together every night, often with one or two
one-third of African Americans are still in poverty
claim to have come so far. in point of fact, Judge
position of the National Board of the NAACP-
friends or relatives and talk about any and all of
as we approach the 21st century. lie seeks a
Thomas's unique perspective belongs not only on
an organization committed to advancing colored
the problems of the world.
climate where African Americans and other mi-
the Supreme Court but in the legislature, in the
people. which is opposed, on ideological grounds,
We didn't always agree (Clarence was "con-
norities feel empowered to compete equally with
work place, at city hall and on our campuses.
to this nomination of a black man to the U.S.
servative" even then). but I was impressed con-
their counterparts of other races, with rational
No one can deny that. Judge Thomas would
Supreme Court.
tinually with one so young whose reasoning was
support from government programs.
differ with Justice Thurgood Marshall on some
Let the record show that the NAACP's former
so sound. I must also admit that his arguments,
Some have said Unit despite his chairmanship
issues. I don't always agree with the justice
national board char respectfully disagrees with
both legal and logical, forced me to rethink some
of the Equal Employment Opportunity Commis-
myself. I do believe that both men show a
its position.
of my own views. I know I sometimes made him
sion for eight years, be has not been a champion
common, fundamental belief in the inherent
see things differently, too, because Clarence
of civil rights. Those people obviously don't know
worth and rights of the individual. At one of his
The writer. an attorney in St. Louis. chaired
Thomas knew how to listen as well as talk.
Judge Thomas or the real facts about his tenure
four previous Senate confirmation hearings,
the National Board of Directors of the
Across the years, 1 have kept in touch with
with the EEOC. His record will speak for itself
Judge Thomas said, "The reason I became a
National Association for the Advancement
Judge Thomas, and to this day I respect his
and will impress there willing to listen and look
Lawyer was to make sure that minorities, individ-
of Colored People from 1975 to 1934.
C.
Thomas
The New York Times
TUESDAY, JULY 16, 1991
Court Nominee Defied Labels
As Head of Job-Rights Panel
By ROBERT PEAR
WASHINGTON, July 15 - As head of
the Federal agency responsible for en-
adopted many policies to increase the
His tone changed after President
forcing the laws against job discrimi-
Labor unions and women's groups
"certainty and predictability" of its
Reagan won re-election by a landslide
nation, Clarence Thomas was often at
law enforcement. Annual statistics
embraced comparable worth as a way
in 1984. He Indicated that the commis-
to reduce the differences in pay be-
war with other Reagan Administration
compiled by the commission show that
sion and the Administration were more
the number of lawsuits filed by the
tween jobs held mainly by women, like
officials, with members of Congress,
likely to speak with one voice. He said
nursing and secretarial work, and
with civil rights groups and with him-
agency rose sharply during his tenure,
that numerical goals and timetables
self.
to 640 in the fiscal year 1990 from 241 in
those held mainly by men, like truck
were ineffective, and that the commis-
1982. But there was no increase in
driving and warehouse work, which
Judge Thomas, President Bush's
sion had overused statistical dispart-
tend to pay more.
nominee for the Supreme Court, was
monetary benefits secured for the vic-
ties as evidence of discrimination. In
But in a 1985 case, Mr. Thomas said
tims of discrimination.
chairman of the Equal Employment
October 1985, the agency's general
Other Reagan Administration offi-
such pay disparities, by themselves
Opportunity Commission from May
counsel told staff lawyers not to pro-
cials crusaded against the use of nu-
did not prove a violation of Federal
pose settlements including goals and
1982 to March 1990, longer than any of
law. "Congress never authorized the
merical goals for hiring blacks, women
timetables.
Government to take on wholesale re-
his predecessors. A review of agency
and Hispanic Americans; he shunned
In a speech in February 1986, Mr.
the flamboyant, confrontational tactics
structuring of wages that were sel by
files for that period shows that he ex-
Thomas said preferences based on
non-sex-based decisions of employers
pressed complex, continually chang-
of officials like William Bradford
race or ethnic origin were "a ticking
Reynolds of the Justice Department.
by collective bargaining or by the mar
ing. often contradictory views, particu-
time bomb" that would "hasten the
"We have a job to do," he often said,
ketplace," he said.
larly on questions of affirmative ac-
socio-economic demise of black Amer-
adding that he was "tired of rhetoric
The E.E.O.C. chairman's first objec-
tion.
icans." But at the confirmation hearing
about quotas, about affirmative ac-
tive was to solve severe management
for his second term, he promised to
As a member of Ronald Reagan's
tion."
problems at the commission, on the
abide by Supreme Court decisions ent
In a 1985 speech, Mr. Thomas said,
theory that "there was absolutely no
transition team in 1980, he had written
dorsing the use of numerical goals.
"My approach to doing my job has
way we could take care of the public's
a memorandum challenging affirma-
"Whatever reservations I have are
business if we couldn't take care of our
live action. But as commission chair.
been more methodical, cautious and
purely personal," he testified.
own." He said he found financial
man in 1983, he defended the use of nu-
certainly less noisy and less well-publi-
"They're subversive literature now."
records in chaotic condition and said
merical hiring goals in several cele-
cized than others." Perhaps remem-
In the spring of 1987, in an article in
brated cases.
bering his days as a seminary student,
there was 100 much emphasis on set-
The Yale Law and Policy Review, Mr.
he said he had the personality and style
tling cases quickly, with little or no in-
Thomas affirmed his "personal dis-
He abruptly switched his public posi-
of "a monastic recluse."
vestigation, to eliminate a big backlog.
agreement with the Court's approval of
He said he tried to establish the com-
tion after the 1984 election and assailed
Judge Thomas contends that goals
numerical remedies."
such remedies for the next 20 months.
and quotas, a subject of endless politi-
Since 1979, the commission has been
mission's "credibility as a law enforce-
Then in July 1986, at a confirmation
cal debate, "don't amount to a hill of
responsible for enforcing the Age Dis-
ment agency," contending that it had
beans" in practice, as he put It in a 1986
been a forum for "social activism" and
hearing for his second term on the
crimination in Employment Act. which
meeting with reporters, because they
protects people who are at least 40
arcane legal theories under some of his
commission. he said the agency would
are rarely appropriate in cases
years old. Mr. Thomas has said "bad
predecessors.
once again advocate the use of goals
brought before the commission.
management" was responsible for the
In its zeal to challenge a broad pat-
and timetables, despite his personal op-
In his memorandum for the transi-
agency's failure to act on thousands of
term or practice of discrimination, the
position to them.
tion team in December 1980, he said the
complaints from older workers within
chairman said, the commission some-
Trying to elucidate his shifting views
commission had gone 100 far in encour-
the two-year statute of limitations.
times overlooked individual "flesh-
and-blood victims" of discrimination
on affirmative action, and acknowledg-
aging affirmative action and should re-
In a separate case, the commission
ing his personal reservations, the
examine its policy. But in early 1983, he
delayed action on rules requiring em-
who came to its offices seeking help. He
chairman once told a Congressional
strongly supported an affirmative ac-
ployers to make pension contributions
declared that "every case brought to
hearing. "I'll abide by the Supreme
tion plan under which the New Orleans
the E.E.O.C., no matter how small,
for employees who work beyond the
Police Department was required to
should be fully investigated and litigat-
Court, whether I like it or not."
age of 65. Federal officials conceded
ed, If necessary." to obtain jobs and
promote equal numbers of blacks and
that the delay could cost older workers
If confirmed for a seat on the High
back pay for victims.
whites until blacks accounted for 50
$450 million a year in lost benefits.
Court, Judge Thomas would shape the
In 1984, in a major policy change. the
percent of the officers at every rank.
Ruling on a lawsuit filed here by the
commission decided to consider filing a
law by which others must abide. It is by
The Justice Department adamantly
American Association of Retired Per-
lawsuit in every case in which its staff
no means certain that his judicial rul-
opposed those goals, telling a Federal
sons, Judge Harold H. Greene of United
had found discrimination and tried un-
ings would echo his views from the
appeals court that they were illegal.
States District Court declared in 1967
world of politics and policy. But for
Echoing the concerns of civil rights
successfully to persuade the employer
that the delay was "entirely unjustified
those searching for clues to his likely
groups, Mr. Thomas complained in
and unlawful." He said the commission
to correct the problem.
Mr. Thomas often asserted that the
course on the Court, his record at the
April 1983 that the Justice Depart-
itself had repeatedly acknowledged
commission was getting record
commission yields many clues to what
ment's position would "Invalidate innu-
over the previous seven years that
amounts of money for victims of dis-
he might do.
merable conciliation agreements, con-
such contributions were required by
crimination through lawsuits, settle-
sent decrees and adjudicated decrees
the age discrimination law. "That
Judge Thomas, who has sat on the
ments and conciliation. But the agenn
to which the commission is a party, as
agency has at best been slothful, at
United States Court of Appeals for the
cy's data show such monetary benefits
well as the commission's own pub-
worst deceptive to the public," the
were lower in 1989 and 1990 than in
District of Columbia Circuit since
lished guidelines regarding appropri-
judge said.
ate affirmative action."
At a Senate hearing six months later,
1982. (The figures were $126.7 million,
early 1990, declines to discuss his
$98.9 million and $134.7 million, respec-
record with reporters, but the commis-
The commission had drafted a legal
Mr. Thomas defended himself, saying,
tively. with no adjustment of Inflation."
sion's files, including some of his
brief in the New Orleans case, but de-
"To suggest that we are derelict in our
speeches and correspondence, suggest
duties is an ad hominem attack that
In 1988, the General Accounting Of-
cided, under pressure from the White
fice, an auditing arm of Congress, said
he was often torn by conflicts Inside
House, not to file it with the court. Mr.
Impugns my integrity and the agen-
the commission was still closing many
himself and with others.
Thomas testified at a Congressional
cy's."
cases without full Investigations. m
For Instance, be said the "single
hearing in May 1983 that his agency
The commission under Clarence
many cases closed with no finding of
most devastating event" of his tenure
would continue pressing for affirma-
Thomas filed many lawsuits charging
discrimination, "critical evidence was
was the commission's failure to pursue
Live action, including "race-conscious
that companies had discriminated
not verified" and "relevant witnesses
thousands of age-discrimination com-
relief" of the type abhorred by the Jus-
against women in violation of a 1963
were not interviewed," the auditors re-
plaints in a timely manner. He said the
tice Department.
law that requires equal pay for equal
ported.
agency's performance was "embar-
In October 1983, the commission
work. But he resisted the doctrine of
Mr. Thomas disputed the criticism,
rassing and inexcusable," and at-
signed a landmark agreement with the
"comparable worth," which holds that
saying at the time that the report
tributed the lapses in part to manage-
General Motors Corporation setting
men and women should be paid the
"trivializes civil rights enforcement to
ment problems in district offices. Con-
numerical goals for the hiring, training
same for different jobs if the jobs have
a level commensurate with widget-
gress eventually passed a law extend-
and promoting of thousands of blacks;
the same intrinsic value.
making."
ing the statute of limitations for vic-
women and Hispanic people. In July
tims of age bias who would otherwise
1984, Mr. Thomas needled the Justice
have lost the right to sue employers.
Department, saying that it was widely
He had mixed results in his effort to
perceived as having "a negative rather
Improve the internal management of
than a positive agenda on civil rights."
the commission, which be said was
"teetering on the brink of self-destruc-
tion" when he took office. The agency
Tuesday.
July
6.
A nominee with a mind of his own
When Clarence Thomas paused vesterdav to look
There is much to be learned about the nominee 5
back over an umprobable life that has taken hum from
his Senate confirmation hearings, but he appears fullv
poverty 5 the segregated South to the threshold of the
qualified for the job. bringing a wealth of experience 5
Supreme Court of the United States. he was suddenly
government unusual for someone of 43 ears A Yale
so overcome with emouon that he couldn't speak. It
Law School graduate. Thomas worked in the office of
was a moment with deep emotional significance for
the Missouri attorney general and on Capitol Hill be.
the nation as well
fore jourung the Reagan Education Department 23 as-
It reminded us all that. at ILS best. this country still
sistant secretary for cml rights. In 1982 he became
stands for the belief that everv person should be al-
chairman of the Equal Employment Opportunity
lowed to nse as high as his abilities will take hum. That
Commission. and since last year he has served on the
ideal has not been realized in full in American society.
U.S. Court of Appeals for the District of Columbia.
but Thomas nomination symbolizes our continued
The coming controversy stems not from his creden-
commitment to make It a reality. despite serious and
tials or his ability but his ideology. Thomas has been
sincere disagreements about how to reach that goal.
an unvielding opponent of racial preferences and of
Critics question whether the quota-bashing president
federal policies that be feels foster QUOLES. As head of
has embraced his own quota for the Supreme Court.
the EEOC. he rejected the old policy of treating stans-
replacing a black wreh a black. They muss a crucial
tical disparties as proof of discrimination. while scorn-
point about the Supreme Court. which IS that It serves
ung racial adjustments LN apticude tests as assuming
as guardian of our belief in "equal justice under law."
"some unherent unferionty of blacks. Hispanics and
When Lyndon Johnson named the tirst black justice.
other minorides.
Thursood Marshall. 5 1967. he provided something
For these and other stands. he was attacked by liber-
badiv needed: vesible proof that the court. and the law.
al lawmakers and organizations. But his views. whether
are of. by and for the people-all the people. Today.
one agrees with them or not. were not formed without
sad to say. that fact suil needs affirmation.
a full and deepty personal understanding of the pught
It was rumored that Bush would pick a Hispanic for
of African-Amencans. Senators and interest groups
the job instead-a choice that had obvious political
have every nght to argue that Thomas IS wrong on
attractions. since Republicans are far more. likely to
many racial issues: they would be unfair and ill-advised
attract Hispanic votes than black ones. The Hispanic
to suggest that he'rs indifferent to racial justice.
judges who were mentioned as possibilities most Likely
Bush could have found many nominees who could
would have surred little of the controversy that the
have counted on easier approval by the Senate Thom-
independent-minded Thomas certainiv will. It took
as will procably require a harder fight. but there 3
courage for Bush to set these considerations aside.
reason to think he's world IL
The Ballas Morning News
Tuesday, July 2. 1991
STRONG CHOICE
Judge Thomas is a man of integrity, ability
It is said that the finest steel is tempered
scribe his friend of 20 years. Judge Thomas.
in the bottest fires. If true. Judge Clarence
"Judge Thomas is a man who believes at the
Thomas. President Bush's nomines, for the
deepest level. justice must be colorblind. as-
U.S. Supreme Court is a man of fine steel. A
serts Mr. Jackson. "He believes African-
child of poverty reared by grandparents in a
Americans should use their economic power
tenement lacking indoor plumbings Judge
to do for themselves rather than ask for
Thomas. through strength of character and
something they feel they are owed."
with the devoted help of his grandparents.
While some might take issue with that
has constructed for himself an exemplary
philosophy. any detractors will find it diffi-
life. a life that raises a standard to which
cult to take issue with Judge Thomas' legal
future generations of Americans may repair.
abilities. his mental strength. his character
Like the man he has been chosen to suc.
or his judicial temperament.
ceed. Justice Thurgood Marshall. Judge The-
It will be hard indeed for even those sens-
mas is black. Like Justice Marshall. he rose
tors who most vigorously disagree with
through great personal effort and in the
Judge Thomas' voluminous written record
face of obstacles that would have thwarted
to fault a man who could climb from such
lesser men. Unlike Justice Marshall. Judge
abject poverty through a then all-white sem-
Thomas has developed a view of life and law
inary school. through Holy Cross (on schol-
that places greater emphasis on individual
arships) and finally through Yale Law
effort. individual responsibility and the
School. It will be hard for a Senate Judiciary
sanctity of law above race. These beliefs
Committee that voted 21 to 1 to confirm
have led him to oppose quotas and other af-
Judge Thomas for the 1st U.S. Circuit Court
firmative action tools that grew out of the
of Appeals to now find issues with which to
civil rights movement of the 1960s.
reject him for the high court.
There will be an attempt by liberals who
believe that individuals are victims of
Although many justices have gone
through a metamorphosis from one philoso-
society's failings. and that special legal re-
phy to another. Judge Thomas would begin
dress IS essential to overcome discrimina-
his tenure on the high court as an scknowl-
tion. to cast him as an "Uncle Tom" who has
edged conservative. Many will find the stark
adopted his conservanve views from expedi-
contrast with Justice Marshall offensive.
ency. not conviction. No less an authority
The goals of these two men however. are
than Alphonso Jackson. director of the Dal-
las Housing Authority. asserts any such alle-
not so different. They both believe deeply
in justice. However different the roads they
gations would be pure bunk.
would take to attain that justice. President
"Capable. competent and compassionate"
Bush has clearly found a nominee whose
are the words Mr Jackson. a man who
chooses his words with care. uses to de-
character. integrity and intellect equal
those of Justice Marshall.
The Washington Post
TLESDAY. JULY ? 1991
Judge Thomas's Nomination
UDGE Clarence Thomas. who was nominat-
other senator to vole with him against the nomuna-
J
ed yesterday by President Bush to fill a
lion. This time the stakes are higher and the
vacancy on the Supreme Court. has been a
questioning will RO beyond his record in the gov-
well-known and sometimes controversial lig-
emment to his broader judicial philosophy. Groups
ure in the government for more than a recade.
that chose to sit out the last confirmation battle will
But even those who have disagreed with him on
surely be involved this time.
policy grounds will concede that his life. which
Judge Thomas IS the first person nominated to
began in extreme poverty. has been one of
the Supreme Court who was born after World War
accomplishment. If confirmed. he would bring to
II. He is only the second black named to that
the court a range of experience not shared by any
position. But it s his personal background that
other sitting justice.
would bring the most important element of diver-
Conservative black Republicans are a rare
sity to the court. Justice Thurgood Marshall. the
breed. and Judge Thomas's performance in high-
only black to have served on the Supreme Court.
visibility civil rights jobs in the Reagan and Bush
certainly knew discrimination and adversity, but he
administrations was watched carefully. His ac-
was the product of a stable. working-class family
tions in these positions will surely be the focus of
living E Baltimore. Judge Thomas was raised in
the Senate Judiciary Committee's inquiry, which
rightly segregated Georgia by grandparents who be
will begin soon.
says were functionally illiterate. Nevertheless. they
The terran is not unfamiliar. however. Only 18
managed to provide him an education, a disciplined
months ago he went before the same panel to be
and loving home and the encouragement necessary
confirmed in his present position on the U.S. Court
to convince ham that he could succeed.
of Appeals for the D.C. Circuit. Sen. Howard
He said yesterday that he wanted to be "an
Metzenbaum initiated a thorough investigation.
example to those who are where I wa n the
listened to every group and individual with a
court. he could be more. He could add.
chose
grievance. suited through thousands of documents
to, a welcome and much needed sensitivity on
and was nevertheless able to persuade only one
issues of race and poverty.
THE
WALL
July 2, 1991
Justice Thomas
momas's
life IS J model mean that race IS a wholly irrelevent
President
Bush
consideration. AS Mr. Thomas wrote
Americans. as he honored both and the the
in the Journal in 1987. "The Constitu-
posterday of civil rights
tion. by protecting the rights of indi-
viduals. is colorblind. But a society
cannot be colorblind. any more than
and
men and women can escape their bod-
<<<<<<<<<<<<<<<<<<<<<<<<< Supreme Court. The combination
ies." We would strongly oppose a law
that mandates that one of the nine
Supreme Court seats must be held by
who he is and what he believes
a black. but it is also desirable that a
make his nomination President
President nominate a black who is so
domestic-pol-
clearly qualified for the job.
from the bench. He has written se:-
This is especially true here and
eral important decisions. but we are
judge Thomas's remarkable ca-
now. Just as inuryoou bynn
especially impressed with his May 10
repr began when he overcame the
bolized the generation that overcame
hurdles of a life that started in the
Jim Crow. Justice Thomas would
opinion in Cross-Sound Ferry Services
l'. Interstate Commerce Commission.
poverty of segregated rural Georgia.
serve as a beacon for a troubled gen-
In it. he addressed the key question
His independence was clear when he
eration of minorities who deserve re-
of standing-that IS. when does a case
graduated from Yale Law School in-
minders of the importance of strong
raise the kind of controversy that
tending to become a tax attorney. but
families and education, "In my view.
courts are supposed to decide. "When
refused to join the prestigious law
only in America could this have been
federal jurisdiction does not exist. fed-
firms that viewed him primarily as a
possible." Judge Thomas said yester-
eral judges have no authority to exer:
black. not as a gifted legal mind. (As
day in accepting the nomination to the
cise
ven if everyone-judges. par-
Dinesh D'Souza writes nearby. he in-
post where he said he hoped to be an
ties. members of the public-wants
stead went to work in government for
example to those who are where I
the dispute resolved." Judge Thomas
John Danforth. One irony is that
was. and to show them that indeed.
wrote. The truistic constraint on the
Judge Thomas's refusal to become a
there is hope."
federal judicial power. then. is this: A
law-firm token means the American
Judge Thomas is another role
federal court may not decide cases
Bar Association may mark him down
model as well. Many talented minor-
when It cannot decide cases. and must
for failing to practice law long
ties and women have experienced the
determine whether it can. before it
enough.
double-edged sword of affirmative ac-
may." Judicial restraint has rarely
Ralph Neas and People for the
tion. Judge Thomas signaled at yes-
been so pithily expressed.
American Way claim to doubt Judge
terday's press conference that he can
Judge Thomas IS precisely the kind
Thomas's commitment to racial
be stoic in the face of taunts by those
of jurist President Bush assured
equality. None of this will surprise
who refuse to believe that his accom-
voters he would select. He would take
Judge Thomas. He also endured snip-
plishments are his own.
the Constitution seriously and apply
ing from the pro-quota lobbyists dur-
Unlike David Souter. this nominee
the laws equally. we eagerly await
ing his eight years as head of the
has a long and distinguished paper
the beginning of many years of serv-
Equal Employment Opportunity Com-
trail. From his writings and actions.
ice by Justice Clarence Thomas.
mission. His years in the hothouse of
we have no doubt that Justice Thomas
political Washington will serve him
would join Antonin Scalia on the schol-
well during the nomination process
arly and sometimes libertarian wing
and later in adjudicating the political
of the conservative court. We would
issues that inevitably come to the Su-
not be surprised if he gives the court a
preme Court.
greater understanding of economic
We would like to put everyone on
liberties as one of the Founding Fa-
notice that those who say Judge
thers' more important civil rights.
Thomas was nominated to fill a racial
Judge Thomas has made very
quota run the risk of being labeled
clear that he IS of the judicial-re-
racists. Opposition to quotas does nut
straint school that abhors legislating
Clarence Themas
8/26/91 9 a.m.
U.S. Supreme Court Nominee Judge Clarence Thomas
Association and Organization Endorsements
Mass Retailing Endorses Thomas Nomination For Supreme Court
(8/23/91)
The International Mass Retail Association (IMRA), representing the nation's
discount store industry, has endorsed the nomination of Federal appellate judge Clarence
Thomas to serve on the U.S. Supreme Court.
IMRA represents over 100 major discount retail chains operating over 35,000
stores, with sales representing an overwhelming majority of the nation's $150 billion a
year discount retail industry.
In endorsing the nomination, IMRA noted its first-hand knowledge of Judge
Thomas' "highly principled and effective tenure as chair of the Equal Employment
Opportunity Commission (EEOC), and the major strides he made in making EEOC a
more balanced and better managed organization."
The discount association took sharp issue with some who criticize EEOC positions
taken under Thomas' leadership in areas such as voluntary waivers under the Age
Discrimination in Employment Act (ADEA). The positions the EEOC took were fully
in accord with the nation's equal employment laws, which in some cases Congress has
since changed. Even though those critics may have disagreed with those positions at the
time, it is inaccurate and unfair to fault the former chairman for having taken them,
IMRA observed.
"In addition to his solid credentials and established record in public service,
Clarence Thomas also would bring to the Court a keen intelligence, proven integrity and
a demonstrated willingness to examine all sides of any question without preconceptions
or ideological blinkers, the IMRA statement continued.
Citizens For A Sound Economy Urges Senate To Consider
Judge Clarence Thomas' Economic Views
(8/22/91)
In a letter sent today to the U.S. Senate, Citizens for a Sound Economy President
Paul Beckner urged members to consider Judge Clarence Thomas' sound economic
principles when voting on his U.S. Supreme Court nomination.
According to Beckner, "Examining Judge Clarence Thomas' record, we have found
that his views reflect CSE's views on free-market economic policy.
"
Judge Thomas' legal philosophy is based on protecting the individual rights
and liberties set forth in the Constitution. From his record, it appears that Judge
Thomas believes that protection is best achieved by limiting government power.
These views are consistent with CSE's mission of promoting economic growth
and economic freedom."
For these reasons, Beckner concluded that "Judge Thomas' record indicates that
he will issue sound decisions affecting economic policy."
Citizens for a Sound Economy is a 250,000-member citizens advocacy organization
in Washington, D.C.
National Council of Young Israel Supports Thomas Nomination
(8/20/91)
President of the National Council of Young Israel Chaim Kaminetzky hailed
Judge Clarence Thomas "as an example of choosing the most qualified person." The
Council felt that Judge Thomas "personifies honesty, intelligence, firm convictions, Judicial
acumen, with a warm sensitivity." President Kaminetzky also noted that Judge Thomas
"will bring to the court the in-depth legal interpretations which will benefit all people."
"I see in Judge Thomas the American dream of going from the Log Cabin to the
Presidency, a real Horatio Alger story," said Rabbi Sturm, the Executive Vice President.
Black Nurses Association Backs Clarence Thomas
(8/20/91)
The Board of Directors of the National Black Nurses Association voted to endorse
the nomination of Clarence Thomas to the U.S. Supreme Court. "He is a committed
public servant and a respected jurist", remarked the President of the 7,000 member
Association. "The uniqueness of his background promises to provide an important voice
on the court."
Associated Builders and Contractors, Inc. Endorses
Thomas for U.S. Supreme Court
(8/21/91)
The Associated Builders and Contractors' (ABC) Executive Committee announced
its "unanimous support" for the nomination of Judge Thomas to the United States
Supreme Court. ABC National President John Smith said, "ABC would be delighted to
have someone of Judge Thomas' wisdom and integrity on the highest court in the land.
We believe Judge Thomas has a keen awareness of the issues and would interpret them
with fairness, understanding, sensitivity and compassion. We strongly support the
nomination of Judge Clarence Thomas."
Indian American Forum for Political Education Endorses Judge Thomas
(8/13/91)
The Indian American Forum for Political Education voted during its Ninth Annual
Convention to "vigorously support the nomination of Appeals Court Judge Clarence
Thomas to the United States Supreme Court."
"We support Judge Thomas because his record in government indicates he is
committed to upholding the Constitution and fighting for individual rights. A majority
of the one million Indian Americans are first generation immigrants. We cherish
2
freedom and the rights of the individual to achieve whatever his talents and inspiration
will allow.
"Beyond Judge Thomas's public record, we feel his personal triumphs over poverty
and discrimination have provided him with the compassion and insight that is vital to our
judicial system," said Krishna Srinivasa, president of the organization.
American Road & Transportation Builders Association Urges Support for
Supreme Court Nominee Judge Clarence Thomas
(8/9/91)
American Road & Transportation Builders Association Chairman John C. Lanford
said the Association believed "Judge Thomas has demonstrated over a distinguished
career the ability to review and take decisive action on often controversial issues in a fair
and impartial manner." Lanford also asserted that Judge Thomas "has shown that he is
sensitive to the rights and aspirations of all Americans and that he understands the many
unique challenges facing small businesses in the United States."
Knights of Columbus Pass Resolution In Support of Thomas
(8/8/91)
"Whereas, an examination of the record of Judge Clarence Thomas, nominated
for Justice of the Supreme Court, shows him to be exceptionally well qualified for the
position to which he has been nominated, having the proper judicial temperament,
intellectual capacity, and breadth of legal experience, be it
Resolved, that we urge the Senate Judiciary Committee to report favorably the
nomination to the United States Senate and further urge the United States Senate and
each of its members to confirm the nomination
Further resolved, that we do all in our power and authority to urge all members
to contact their Senators promptly requesting them to support and confirm the
nomination of Judge Clarence Thomas as a Justice of the United States Supreme Court."
The Improved, Benevolent and Protective Order of Elks of the World Endorses
Thomas Nomination to the Supreme Court
(8/8/91)
During the 92nd Annual Grand Lodge Convention the Improved, Benevolent and
Protective Oder of Elks voted by an overwhelming majority "to support and endorse the
nomination of Judge Thomas as a Justice on the United States Supreme Court." This
petition was thoroughly discussed by the general body and adopted after careful
consideration.
3
Associated General Contractors of America Support
Supreme Court Nominee Clarence Thomas
(8/7/91)
"
When a Supreme Court nominee has a demonstrably clear record of
scholastic achievement, repeated overwhelming Senate approval for important positions,
and is also a beacon of light and hope for all who aspire to a better life, we should be
grateful for his advancement and seek to enhance it," according to Associated General
Contractors of America (AGC) President Marvin M. Black.
National Small Business United Urges Support for Thomas Nomination
(8/6/91)
"
During his career, Judge Thomas has shown a clear understanding of business
issues and the benefits of our free enterprise system," stated John Galles, Executive Vice
President of NSBU.
Galles cited Judge Thomas' tenure as chair of the Equal Employment Opportunity
Commission, wherein he worked to increase compliance by working cooperatively with
the business community, as an example of his understanding of small business. "Judge
Thomas was compassionate toward those very small businesses who wanted and needed
to comply with the law, but required assistance in interpreting the manifold complexities
in the regulations," he said.
Gallas further stated that Judge Thomas' background and upbringing inspire
confidence that he understands the meaning and importance of hard work, discipline
and entrepreneurship.
"These are all things that small business owners are committed to and care deeply
about; they form the major pillars of a general outlook on life," he said.
"Judge Thomas' rise from humble beginnings to such prominence is a living
embodiment of those ideals, and NSBU is pleased that a nominee to this country's
highest court would both exemplify and subscribe those key ideals."
National Jewish Coalition Supports Thomas Nomination
(8/5/91)
Judge Thomas will bring to the highest court in the land an intense concern
for individual liberty and equal opportunity. He has been commended by jurists, legal
scholars and others for his insight into the law, his scholarship and his moral courage.
The NJC welcomes the nomination of Judge Thomas, whose life is a testament
to hard work, discipline and integrity. Judge Thomas has overcome poverty,
discrimination, and family hardships. He has struggled for equality and respect not for
himself, but for all Americans, through his service on the Equal Employment Opportunity
Commission and his legal work on civil rights issues prior to becoming a judge.
Judge Thomas has also been sensitive to issues of religious liberty, and has worked
to protect the individual's rights to appropriate religious expression in the workplace
according to Title VII of the Civil Rights Act of 1964. The NJC was pleased to learn
4
that Judge Thomas has strongly condemned anti-Semitism, and has disassociated himself
from the anti-Semitism of the Reverend Louis Farrakhan.
National Association of Truck Stop Operators Support Thomas.
(8/2/91)
We believe that the Nation is well-served by including on the Court a Justice
with first hand experience as a business lawyer and in human resources and
environmental issues management. The values Judge Thomas learned as a child,
reinforced through his work and family experiences, are also important contributions to
the future of American jurisprudence. We respect his record of achievement and
independent thinking, along with his commitment to the Constitution and the rule of
law.
Central State University President Arthur Thomas Endorses Judge Clarence Thomas
for Supreme Court
(8/1/91)
Dear President Bush:
Because of Central State University's long and rich
tradition of educating and graduating students from all walks of life, I was encouraged
to learn of your nomination of this African American for the U.S. Supreme Court.
Many of these students now enjoy rich careers in the public sector, private business and
other fields of endeavor. I have always advocated the need for.
African American
youth to have positive role models as they go throughout critical periods of their
development.
The nomination of Judge Thomas to serve on the highest judicial bench in this
land will have a positive impact on our African-American youth regardless of
Philosophical and ideological differences that are currently under discussion.
Cook County Republicans Endorse Thomas For Supreme Court
(7/31/91)
Most fair minded and unbiased Americans who are willing to observe, will
discover Clarence's outstanding life-long dedication and service to the causes of social
justice, economic progress, quality education, and whose mission has been to achieve
equitable representation of a multi-cultural society, in a diverse way.
Joshua I. Smith, Chairman of Commission On Minority Business Development and Maxima
Corporation, Holds Rally In Support of Judge Clarence Thomas
(7/31/91)
"
Nearly every African-American I have spoken to has emphasized we must
give Clarence Thomas a chance. This rally was a demonstration that blacks are thinking
5
for themselves and will not be stampeded into a counter-productive reaction."
"I am amazed and appalled at the actions of the Executive Committee of the
NAACP.
"I find it particularly shocking that this organization with its longstanding
commitment to African Americans has rejected one of our own as a nominee to the
Supreme Court although they made no comments on the last three nominees to the
Court who shared Judge Thomas' ideology, but not his race."
"I don't know if it is "sour grapes" over the fact that Clarence Thomas has
succeeded in life outside the political agenda of many NAACP leaders, or if it is because
he is a Republican. But, I do know that Judge Thomas was discriminated against
because his is black! That is the tragic irony of Wednesday's action."
International Mass Retail Association Inc. Strongly Endorses
Nomination of Clarence Thomas to the Supreme Court
(7/30/91)
In a letter of endorsement sent to President Bush, International Mass Retail
Association (IMRA) President Robert J. Verdisco stated, "IMRA knows first-hand of
Mr. Thomas' highly principled and effective tenure as Chair of the Equal Employment
Opportunity Commission (EEOC), and the major strides he made in making EEOC a
more balanced and better managed organization. In addition to his solid credentials
and established record in public service, Clarence Thomas also would bring to the Court
a keen intellect, proven integrity and a demonstrated willingness to examine all sides of
any question without preconceptions or ideological blinkers."
Women For Judge Thomas Announce Nationwide Support
(7/30/91)
At a news conference announcing the initial 150 members of the bipartisan
organization.
Labor Secretary Lynn Martin said, "Clarence Thomas understands -- he
knows the inequities, the indignities, the insensitivity. That is why I, and why women
across this nation, should support Clarence Thomas' nomination to the Supreme Court."
Citing Thomas' long and distinguished record during his 8-year chairmanship of
the U.S. Equal Employment Opportunity Commission (EEOC), Martin said "The fact
that Clarence Thomas has lived his life as a minority certainly has sensitized him to
many of the issues he and women both face. For difference reasons, he has come up
against the same barriers many of us in this room have met.
"I don't need to know how Clarence Thomas will vote on any one given court
case. My litmus test is much simpler, much broader: Does he understand what it is
like to start off life at an immediate disadvantage? Does he understand what it is like
to have to fight for a place a the table? Does he understand that despite our staunch
belief in the principles enshrined in our 'Declaration of Independence' that all men are
created equal, all men, all women, are not always treated equally?" Martin said.
6
U.S. Chamber of Commerce Endorses Clarence Thomas for Supreme Court
(7/29/91)
Chamber President Richard Lesher called Thomas superbly qualified for the
Supreme Court. Citing Judge Thomas' diverse background as a corporate counsel, a
legislative assistant to Sen. John Danforth, chairman of the Equal Opportunity
Employment Commission, and judge on the U.S. Court of Appeals, Lesher stated he
was confident Thomas would be an excellent Supreme Court Justice.
"I also have the pleasure of knowing Clarence Thomas personally," Lesher said.
"Clarence Thomas is a fine person who overcame great personal adversity through
perseverance and hard work to reach great heights. His nomination to the Supreme
Court is a reaffirmation that the American dream is alive and well."
Republican National Lawyers Association Supports Thomas Nomination
(7/26/91)
We believe that Judge Thomas' qualifications as a lawyer are of the highest
order. In addition, he has a distinguished record of public service. Finally, he will bring
an unmatched range of experiences and diversity which we believe are essential to the
Court's deliberations. In short, Judge Thomas exemplifies the best in the legal
profession.
U.S. Mexico Foundation Supports Nomination of Judge Clarence Thomas to Supreme Court
(7/22/91)
Throughout our 20 years of existence, we have honored numerous key
individuals, who like Clarence Thomas, have risen above negative circumstances to be
a success in their fields of endeavor. Through his inspiring hard work, education and
perseverance, Judge Thomas has overcome adverse situations to rise to a high level of
excellence, an accomplishment which should be emulated not only by minorities, but by
all races. He left a legacy while he was Chairman of the Equal Employment
Opportunity Commission. He revitalized the agency, emphasizing its law enforcement
mission. Judge Thomas sought tougher penalties against discriminatory businesses and
instituted policies which protected the rights of American workers while opening up
opportunities for women, older Americans and minorities.
The U.S. Hispanic Chamber of Commerce Endorses Thomas
(7/22/91)
The board of directors of the U.S. Hispanic Chamber of Commerce (USHCC)
today unanimously voted in favor of supporting Judge Clarence Thomas' nomination to
the U.S. Supreme Court.
"The USHCC is a business advocate group concerned with economic rights. As
7
such, we strive to make the market place an even playing field for Hispanic businesses
and minority enterprise at large. We believe in economic empowerment of individuals,
justice and equal opportunities for all Americans. We value hard work, discipline, moral
courage, self-reliance and entrepreneurship. For all these reasons, we support Thomas's
nomination."
The National Catholic Educational Association Endorses Thomas
(7/22/91)
II
It can not be denied that he [Clarence Thomas] embodies the best and
brightest of the American dream. Against all odds, he overcame a disadvantaged and
challenging youth to attain a distinguished education; to reach high public office and to
gain the respect and gratitude of the leaders of our country.
"We believe Mr. Thomas has the qualifications to serve on the Supreme Court
and are confident that his accomplishment in achieving this post will stand as an
incentive to all young people in America that -- despite all odds -- they have a chance
at a better life through learning and self-initiative."
Cuban American National Foundation Endorses Thomas
(7/19/91)
"We are confident that the confirmation of Judge Thomas will be a victory for
all persons who value the democratic principles that have served to preserve and
strengthen this nation throughout its history. Judge Thomas' presence on the high court
will not only reaffirm the Administration's commitment to assure the progress and
protection of minorities, but will also bring a range of experience and diversity essential
to the court's delicate deliberations."
The Republican National Hispanic Assembly Endorses Thomas
(7/19/91)
The Republican National Hispanic Assembly (RNHA), the official Hispanic
auxiliary of the RNC, commends President George Bush on his decision to nominate
Judge Clarence Thomas to the U.S. Supreme Court.
"This nomination is not dictated by Judge Thomas' race, it is not dictated by his
ideology, it is dictated by his first-hand intellect, his varied legal experiences his
outstanding character and his commitment to the Constitution and individual rights."
"The President nominated him for his fidelity to the Constitution and rule of law.
These qualities, coupled with his education and experience, will make him an exemplary
Justice of the Supreme Court."
8
National Coalition for Self-Reliance Endorses Thomas
(7/18/91)
Robert L. Woodson
President, National Center for Neighborhood Enterprise
&
Co-Chair, Coalition for Self-Reliance
Reverend Buster Soaries
Pastor, First Baptist Church of Lincoln Gardens
Somerset, New Jersey
&
Co-Chair, Coalition for Self-Reliance
Honorable Nate Bush
Vice President, District of Columbia Board of Education
Kimi O. Gray
President, National Association of Resident Management Corporations
Mabel Haden
President, National Association of Black Women Attorneys
Nathan Wright Jr., Ph.D.
Founding Member, AOIP (a consortium representing 94 Black-led organizations)
Fred Brown
Chairman, National Black Republican Council
Tony Brown
Syndicated Journalist
Mildred Hailey
Executive Director, Bromley Heath Tenant Management Corporation
Boston, Massachusetts
Juan A. Scott
Chairman, Connecticut Black Republican Council
Calvin Rolark
President, United Black Fund
Agudath Israel to Support Bush Supreme Court Nomination
(7/17/19)
Agudath Israel of America, the nation's largest grassroots Orthodox Jewish
movement, today announced its intention to support President Bush's nomination of
Judge Clarence Thomas for the U.S. Supreme Court.
"Judge Thomas has impressive credentials, both professionally and personally.
He has compiled a strong record of distinguished service -- as a judge in the U.S. Court
of Appeals for the D.C. Circuit, and, prior to that, as the chairman of the Equal
Employment Opportunity Commission. He has displayed great sensitivity to the cause
of religious liberty. He has articulated a vision of equal opportunity for all Americans
that will help move the U.S. toward a society in which people are judged on the basis
of their qualifications rather than their race, gender, religion or any other extraneous
characteristic. He has overcome personal adversity and discrimination in his own life
through his steadfast commitment to such basic principles as hard work and intellectual
integrity.
9
The National District Attorney's Association Supports Thomas
(7/16/91)
"Be it resolved that the National District Attorneys Association urges the Senate
Judiciary Committee and the United States Senate to confirm without delay, President
Bush's nomination of Judge Clarence Thomas to the United States Supreme Court."
Catholic Golden Age Endorses Thomas as Next Supreme Court Justice
(7/15/91)
"The Board of Directors of Catholic Golden Age, the national non-profit
organization of Catholics over 50, fully endorses Judge Clarence Thomas as the next
U.S. Supreme Court Justice.
"We have no doubt about Judge Thomas' commitment to civil rights or his ability
to serve on the highest court in the land."
The National Tax Limitation Committee Endorses Judge Clarence Thomas for Supreme
Court
(7/15/91)
"The NTLC normally does not endorse Judicial nominees. However, in the wake
of the Missouri VS. Jenkins decision last year, when, on a 5-4 vote, the Court decreed
that federal judges could order local governments to impose taxes, it has become clear
that taxpayers have a decided interest in the Judiciary.
"On that and other issues we believe the Court will be finer, fairer and more
sensitive to the rights of individuals, including taxpayers, if Clarence Thomas has the
opportunity to serve."
Students for America Statement of Support for Judge Clarence Thomas
(7/12/91)
"We.
state our support for the nomination of Judge Clarence Thomas to serve
as the 106th Associate Justice of the United States Supreme Court.
"Judge Thomas has served the United States with distinction for over 17 years,
as a Federal Appellate Justice, Chairman of the U.S. Equal Employment Commission
and as U.S. District Attorney in Missouri.
"Judge Thomas embodies the values that many young Americans believe so
strongly in, and the traditional American values that our forefathers embedded into the
foundation of this great country. With Judge Thomas on the bench we can be assured
that the Court will not legislate its decisions, but will interpret the Constitution as it is
written."
10
Polish American Congress Support Nomination of Judge Clarence Thomas
(7/10/91)
We.
have carefully considered Judge Thomas' background and experience
and we believe that he is uniquely qualified to serve on the highest court of our land.
We are particularly impressed by Judge Thomas' emphasis on self-reliance, hard
work and the importance of family. These values are cherished by Polish Americans.
Black Republican Group Endorses Clarence Thomas Nomination
(7/2/91)
"The Council of 100, a national organization of Black Republicans announced its
support of President Bush's nomination of Clarence Thomas for Associate Justice of the
Supreme Court. An early supporter of Thomas, the Council sent a letter to President
Bush prior to the public announcement requesting Bush to consider Thomas for the
nomination to the nation's highest court."
"Mr. Thomas is a legal scholar who having recently passed Senate confirmation
before his current appointment, is already well known to the Administration. Most
importantly, he has the moral [fortitude], the breadth of experience, and regard for
conservative construction of constitutional issues needed for a Supreme Court Justice."
11
9/3/91 9 a.m.
U.S. Supreme Court Nominee Judge Clarence Thomas
Association and Organization Endorsements
International Association of Chiefs of Police Endorses Thomas
(8/28/91)
The International Association of Chiefs of Police today announced its endorsement
of President Bush's nomination of Judge Clarence Thomas to the United States Supreme
Court.
It was determined that Judge Thomas is a well-qualified, tough, anti-crime
judge who has recognized the problems that law enforcement officers face in combatting
crime.
The International Association of Chiefs of Police is the world's oldest and largest
non-profit organization of police executives. Established in 1893, the IACP has
approximately 12,500 members in 65 nations around the world.
Association of Retired Americans President Praises Clarence Thomas
(8/27/91)
Association of Retired Americans President Earl Heath has praised President
Bush's nomination of Judge Clarence Thomas to the U.S. Supreme Court to fill the
vacancy created by the retirement of Justice Thurgood Marshall.
ARA President Heath stated, "I believe that President Bush has selected a good
candidate who understands the value of hard work and good citizenship."
Heath added that the President's nominee appears to be a person that will be
sensitive to the problems of America's senior citizens, as well as all the population.
In selecting Judge Thomas, Heath believes that the President has selected a
nominee who rose from humble circumstances, experienced many difficulties and
understands and will protect the traditional American values embodied in the
Constitution and Bill of Rights.
Heath concluded that Judge Thomas appears to be an independent thinker and
pledged to interpret laws from the bench rather than make them.
"I believe the rights of all Americans, including, of course, our senior citizens, will
be well served by the President's choice," Heath commented.
Heartland Coalition Announces Support for Confirmation of Judge Thomas
(8/23/91)
The Coalition urged
supporters to demonstrate the bi-partisan, culturally
diverse support which this nomination has in America. We are supporting an outstanding
jurist whose legal experience began here in Missouri and whose appointment is a source
of pride to so many of us. It is important to demonstrate that we in the Heartland are
independent thinkers who choose to exercise our right to aggressively promote the
confirmation of Judge Thomas.
John Palmer, spokesman, stated that although the views of Judge Thomas may
differ from those held by Justice Thurgood Marshall, he, like Judge Marshall, has
overcome hardships, discrimination and deprivation to prepare himself for the calling and
the challenge of the highest court in the land.
As an Associate Judge, he will bring academic preparation, legal experience,
cultural diversity, intellectual insight, and an invaluable perspective to the U.S. Supreme
Court.
The Coalition consists of concerned community, business, political, and church
leaders from Missouri and Kansas, and was formed to demonstrate the massive support
on behalf of the Thomas nomination, particularly in the minority community.
[Coalition participants are:]
Veda Monday
First District City Councilwoman, Kansas City, KS
Bill Clark
Civil Rights Leader
Carol Coe
33rd District City Councilwoman, Kansas City, KS
Hector Barreto
Chairman, La Plaza International Hispana, Inc.
JoAnn Collins
Vice President, United Missouri Bank
Lutricia Church
Chairman, Heart of America Black Republican Council
Joshua Smith
Chairman, U.S. Commission on Minority Business Development
John Palmer
Vice Chair, National Black Republican Council
Mass Retailing Endorses Thomas Nomination For Supreme Court
(8/23/91)
The International Mass Retail Association (IMRA), representing the nation's
discount store industry, has endorsed the nomination of Federal appellate judge Clarence
Thomas to serve on the U.S. Supreme Court.
IMRA represents over 100 major discount retail chains operating over 35,000
stores, with sales representing an overwhelming majority of the nation's $150 billion a
year discount retail industry.
In endorsing the nomination, IMRA noted its first-hand knowledge of Judge
Thomas' "highly principled and effective tenure as chair of the Equal Employment
2
Opportunity Commission (EEOC), and the major strides he made in making EEOC a
more balanced and better managed organization."
In addition to his solid credentials and established record in public service,
Clarence Thomas also would bring to the Court a keen intelligence, proven integrity and
a demonstrated willingness to examine all sides of any question without preconceptions
or ideological blinkers.
Citizens For A Sound Economy Urges Senate To Consider
Judge Clarence Thomas' Economic Views
(8/22/91)
In a letter sent today to the U.S. Senate, Citizens for a Sound Economy President
Paul Beckner urged members to consider Judge Clarence Thomas' sound economic
principles when voting on his U.S. Supreme Court nomination.
According to Beckner, "In examining Judge Clarence Thomas' record, we have
found that his views reflect CSE's views on free-market economic policy.
Judge Thomas' legal philosophy is based on protecting the individual rights
and liberties set forth in the Constitution. From his record, it appears that Judge
Thomas believes that protection is best achieved by limiting government power.
"
These views are consistent with CSE's mission of promoting economic growth
and economic freedom."
For these reasons, Beckner concluded that "Judge Thomas' record indicates that
he will issue sound decisions affecting economic policy."
Citizens for a Sound Economy is a 250,000-member citizens advocacy organization
in Washington, D.C.
Associated Builders and Contractors, Inc. Endorses
Thomas for U.S. Supreme Court
(8/21/91)
The Associated Builders and Contractors' (ABC) Executive Committee announced
its "unanimous support" for the nomination of Judge Thomas to the United States
Supreme Court.
ABC National President John Smith said, "ABC would be delighted to have
someone of Judge Thomas' wisdom and integrity on the highest court in the land. We
believe Judge Thomas has a keen awareness of the issues and would interpret them with
fairness, understanding, sensitivity and compassion. We strongly support the nomination
of Judge Clarence Thomas."
Christian Methodist Episcopal Church Endorses Thomas
(8/20/91)
We have carefully studied the writings, decisions, and judicial contributions
of Judge Thomas, and in our considered judgement he possesses all the skills,
3
preparation, and judicial expertise that would suit him to be a most efficient Supreme
Court judge. He is worthy of such an honor in the light of his distinguished career and
accomplishments.
National Council of Young Israel Supports Thomas Nomination
(8/20/91)
President of the National Council of Young Israel Chaim Kaminetzky hailed
Judge Clarence Thomas "as an example of choosing the most qualified person." The
Council felt that Judge Thomas "personifies honesty, intelligence, firm convictions, Judicial
acumen, with a warm sensitivity." President Kaminetzky also noted that Judge Thomas
"will bring to the court the in-depth legal interpretations which will benefit all people."
"I see in Judge Thomas the American dream of going from the Log Cabin to the
Presidency, a real Horatio Alger story," said Rabbi Sturm, the Executive Vice President.
Black Nurses' Association Backs Clarence Thomas
(8/20/91)
Dear Mr. President: The Board of Directors of the 7000-member National Black
Nurses' Association, Inc. has voted to support your nomination of Judge Clarence Thomas
to be the newest Associate Justice to the United States Supreme Court.
The National Black Nurses' Association reaches 130,000 nurses in the United
States, the Eastern Caribbean and Africa.
We have known Judge Thomas since 1985, when he spoke to the National Black
Nurses Association membership.
We were impressed then by his vision. We continue to admire his strength. He
is a committed public servant and a respected jurist. We admire his personal
development from a childhood.
in segregated rural Georgia, to nomination to the
highest court in the United States. The uniqueness of his background promises to
provide an important voice on the court.
Indeed, we are at a critical junction in the history of our country. Living up to
the promise of one nation indivisible requires leadership which includes full ethnic, racial
and gender participation in government and private industry. Our nation's fundamental
values must promote and enact fairness and justice for all.
As African-Americans, we recognize that the disparity between white and black
Americans is widening in all respects. We also recognize that the future of this country
and its continued greatness rests on our ability to close this gap.
Justice Thurgood Marshall has been a life-long champion for the creation of an
equal America. We expect that Judge Thomas will continue this commitment.
We believe that Judge Thomas, at this point in his life, is prepared to accept this
challenge.
4
]
Zeta Phi Beta Sorority, Inc., State of Georgia, Supports Thomas
(8/15/91)
Dear President Bush: The members of Zeta Phi Beta Sorority, support the
nomination of Judge Clarence Thomas to the Supreme Court. Judge Thomas has done
an outstanding job in providing leadership for EEOC and as a Judge, and we feel that
he will continue to render distinguished service if confirmed.
[Zeta Phi Beta is the third largest black sorority in the country.]
Indian American Forum for Political Education Endorses Judge Thomas
(8/13/91)
The Indian American Forum for Political Education voted during its Ninth Annual
Convention to "vigorously support the nomination of Appeals Court Judge Clarence
Thomas to the United States Supreme Court."
"We support Judge Thomas because his record in government indicates he is
committed to upholding the Constitution and fighting for individual rights. A majority
of the one million Indian Americans are first generation immigrants. We cherish
freedom and the rights of the individual to achieve whatever his talents and inspiration
will allow.
"Beyond Judge Thomas's public record, we feel his personal triumphs over poverty
and discrimination have provided him with the compassion and insight that is vital to our
judicial system," said Krishna Srinivasa, president of the organization.
Federal Investigators Association Supports Thomas Nomination
(8/12/91)
Dear Mr. President: The Federal Investigators Association, representing federal
investigators in the DEA, FBI, BAT&F, US Customs, IRS, Treasury and other Agencies
and Departments of our government, back, without reservation, your nomination of Judge
Clarence Thomas for the U.S. Supreme Court.
We believe our members understand and agree with the assessment of the
legal experts who state that Judge Thomas is tough, but fair, on crime.
The legal scholars who have studied Judge Thomas' record have concluded that
he has resisted the efforts of those who would impose unreasonable and burdensome
requirements on our police and local prosecutors as they perform their jobs protecting
our citizens against lawbreakers. Judge Thomas has shown that he will, and has, resisted
efforts by some who would overturn criminal convictions on technicalities not protected
by the Constitution. We are also convinced that, from his record, he would guard against
infringements of the fundamental rights of criminal defendants.
Most important, Judge Thomas would, we believe, interpret the laws of our
country as they are written and not attempt to legislate new law as a Supreme Court
Justice.
5
District of Columbia Black Police Caucus Supports Thomas Nomination
(8/9/91)
Dear Mr. President: The D.C. Black Police Caucus wish to applaud your recent
nomination of the Honorable Clarence Thomas to the Supreme Court of the United
States. Judge Thomas is an excellent candidate for this high office.
American Road & Transportation Builders Association Urges Support for
Supreme Court Nominee Judge Clarence Thomas
(8/9/91)
American Road & Transportation Builders Association Chairman John C. Lanford
said the Association believed "Judge Thomas has demonstrated over a distinguished
career the ability to review and take decisive action on often controversial issues in a fair
and impartial manner." Lanford also asserted that Judge Thomas "has shown that he is
sensitive to the rights and aspirations of all Americans and that he understands the many
unique challenges facing small businesses in the United States."
Knights of Columbus Pass Resolution In Support of Thomas
(8/8/91)
"Whereas, an examination of the record of Judge Clarence Thomas, nominated
for Justice of the Supreme Court, shows him to be exceptionally well qualified for the
position to which he has been nominated, having the proper judicial temperament,
intellectual capacity, and breadth of legal experience, be it resolved, that we urge the
Senate Judiciary Committee to report favorably the nomination to the United States
Senate and further urge the United States Senate and each of its members to confirm
the nomination
[Be it] further resolved, that we do all in our power and authority to urge all
members to contact their Senators promptly requesting them to support and confirm the
nomination of Judge Clarence Thomas as a Justice of the United States Supreme Court."
The Improved, Benevolent and Protective Order of Elks of the World Endorses
Thomas Nomination to the Supreme Court
(8/8/91)
During the 92nd Annual Grand Lodge Convention the Improved, Benevolent and
Protective Order of Elks, the nation's largest predominantly black fraternal organization,
voted by an overwhelming majority to support and endorse the nomination of Judge
Thomas as a Justice on the United States Supreme Court. This petition was thoroughly
discussed by the general body and adopted after careful consideration.
6
Associated General Contractors of America Support
Supreme Court Nominee Clarence Thomas
(8/7/91)
"
When a Supreme Court nominee has a demonstrably clear record of
scholastic achievement, repeated overwhelming Senate approval for important positions,
and is also a beacon of light and hope for all who aspire to a better life, we should be
grateful for his advancement and seek to enhance it," according to Associated General
Contractors of America (AGC) President Marvin M. Black.
National Small Business United Urges Support for Thomas Nomination
(8/6/91)
"
During his career, Judge Thomas has shown a clear understanding of business
issues and the benefits of our free enterprise system," stated John Galles, Executive Vice
President of NSBU.
Galles cited Judge Thomas' tenure as chair of the Equal Employment Opportunity
Commission, wherein he worked to increase compliance by working cooperatively with
the business community, as an example of his understanding of small business. "Judge
Thomas was compassionate toward those very small businesses who wanted and needed
to comply with the law, but required assistance in interpreting the manifold complexities
in the regulations," he said.
Gallas further stated that Judge Thomas' background and upbringing inspire
confidence that he understands the meaning and importance of hard work, discipline
and entrepreneurship.
"These are all things that small business owners are committed to and care deeply
about; they form the major pillars of a general outlook on life," he said.
"Judge Thomas' rise from humble beginnings to such prominence is a living
embodiment of those ideals, and NSBU is pleased that a nominee to this country's
highest court would both exemplify and subscribe those key ideals."
National Jewish Coalition Supports Thomas Nomination
(8/5/91)
Judge Thomas will bring to the highest court in the land an intense concern
for individual liberty and equal opportunity. He has been commended by jurists, legal
scholars and others for his insight into the law, his scholarship and his moral courage.
The NJC welcomes the nomination of Judge Thomas, whose life is a testament
to hard work, discipline and integrity. Judge Thomas has overcome poverty,
discrimination, and family hardships. He has struggled for equality and respect not for
himself, but for all Americans, through his service on the Equal Employment Opportunity
Commission and his legal work on civil rights issues prior to becoming a judge.
Judge Thomas has also been sensitive to issues of religious liberty, and has worked
to protect the individual's rights to appropriate religious expression in the workplace
7
according to Title VII of the Civil Rights Act of 1964. The NJC was pleased to learn
that Judge Thomas has strongly condemned anti-Semitism, and has disassociated himself
from the anti-Semitism of the Reverend Louis Farrakhan.
National Association of Truck Stop Operators Support Thomas
(8/2/91)
We believe that the nation is well-served by including on the Court a Justice
with first hand experience as a business lawyer and in human resources and
environmental issues management. The values Judge Thomas learned as a child,
reinforced through his work and family experiences, are also important contributions to
the future of American jurisprudence. We respect his record of achievement and
independent thinking, along with his commitment to the Constitution and the rule of
law.
Central State University President Arthur Thomas Endorses Judge Clarence Thomas
for Supreme Court
(8/1/91)
Dear President Bush:
Because of Central State University's long and rich
tradition of educating and graduating students from all walks of life, I was encouraged
to learn of your nomination of this African American for the U.S. Supreme Court.
Many of these students now enjoy rich careers in the public sector, private business and
other fields of endeavor. I have always advocated the need for.
African American
youth to have positive role models as they go throughout critical periods of their
development.
The nomination of Judge Thomas to serve on the highest judicial bench in this
land will have a positive impact on our African-American youth regardless of
Philosophical and ideological differences that are currently under discussion.
Cook County Illinois Republican Minority Advisory Committee Endorses Thomas For Supreme Court
(7/31/91)
Most fair minded and unbiased Americans who are willing to observe, will
discover Clarence's outstanding life-long dedication and service to the causes of social
justice, economic progress, quality education, and whose mission has been to achieve
equitable representation of a multi-cultural society, in a diverse way.
Joshua I. Smith, Chairman of Commission On Minority Business Development and Chairman
and CEO of Maxima Corp., Holds Rally In Support of Judge Clarence Thomas
(7/31/91)
"
Nearly every African-American I have spoken to has emphasized we must
8
give Clarence Thomas a chance. This rally was a demonstration that blacks are thinking
for themselves and will not be stampeded into a counter-productive reaction."
"I am amazed and appalled at the actions of the Executive Committee of the
NAACP.
"I find it particularly shocking that this organization with its longstanding
commitment to African Americans has rejected one of our own as a nominee to the
Supreme Court although they made no comments on the last three nominees to the
Court who shared Judge Thomas' ideology, but not his race."
"I don't know if it is "sour grapes" over the fact that Clarence Thomas has
succeeded in life outside the political agenda of many NAACP leaders, or if it is because
he is a Republican. But, I do know that Judge Thomas was discriminated against
because his is black! That is the tragic irony.
Women For Judge Thomas Announce Nationwide Support
(7/30/91)
At a news conference announcing the initial 150 members of the bipartisan
organization.
Labor Secretary Lynn Martin said, "Clarence Thomas understands -- he
knows the inequities, the indignities, the insensitivity. That is why I, and why women
across this nation, should support Clarence Thomas' nomination to the Supreme Court."
Citing Thomas' long and distinguished record during his eight-year chairmanship
of the U.S. Equal Employment Opportunity Commission (EEOC), Martin said "The fact
that Clarence Thomas has lived his life as a minority certainly has sensitized him to
many of the issues he and women both face. For difference reasons, he has come up
against the same barriers many of us in this room have met.
"I don't need to know how Clarence Thomas will vote on any one given court
case. My litmus test is much simpler, much broader: Does he understand what it is
like to start off life at an immediate disadvantage? Does he understand what it is like
to have to fight for a place a the table? Does he understand that despite our staunch
belief in the principles enshrined in our Declaration of Independence that all men are
created equal, all men, all women, are not always treated equally?" Martin said.
U.S. Chamber of Commerce Endorses Clarence Thomas for Supreme Court
(7/29/91)
Chamber President Richard Lesher called Thomas superbly qualified for the
Supreme Court. Citing Judge Thomas' diverse background as a corporate counsel, a
legislative assistant to Sen. John Danforth, chairman of the Equal Opportunity
Employment Commission, and judge on the U.S. Court of Appeals, Lesher stated he
was confident Thomas would be an excellent Supreme Court Justice.
"I also have the pleasure of knowing Clarence Thomas personally," Lesher said.
"Clarence Thomas is a fine person who overcame great personal adversity through
perseverance and hard work to reach great heights. His nomination to the Supreme
9
Court is a reaffirmation that the American dream is alive and well."
Republican National Lawyers Association Supports Thomas Nomination
(7/26/91)
We believe that Judge Thomas' qualifications as a lawyer are of the highest
order. In addition, he has a distinguished record of public service. Finally, he will bring
an unmatched range of experiences and diversity which we believe are essential to the
Court's deliberations. In short, Judge Thomas exemplifies the best in the legal
profession.
U.S.-Mexico Foundation Supports Nomination of Judge Clarence Thomas to Supreme Court
(7/22/91)
Throughout our 20 years of existence, we have honored numerous key
individuals, who like Clarence Thomas, have risen above negative circumstances to be
a success in their fields of endeavor. Through his inspiring hard work, education and
perseverance, Judge Thomas has overcome adverse situations to rise to a high level of
excellence, an accomplishment which should be emulated not only by minorities, but by
all races. He left a legacy while he was Chairman of the Equal Employment
Opportunity Commission. He revitalized the agency, emphasizing its law enforcement
mission. Judge Thomas sought tougher penalties against discriminatory businesses and
instituted policies which protected the rights of American workers while opening up
opportunities for women, older Americans and minorities.
The U.S. Hispanic Chamber of Commerce Endorses Thomas
(7/22/91)
The board of directors of the U.S. Hispanic Chamber of Commerce (USHCC)
today unanimously voted in favor of supporting Judge Clarence Thomas' nomination to
the U.S. Supreme Court.
"The USHCC is a business advocate group concerned with economic rights. As
such, we strive to make the market place an even playing field for Hispanic businesses
and minority enterprise at large. We believe in economic empowerment of individuals,
justice and equal opportunities for all Americans. We value hard work, discipline, moral
courage, self-reliance and entrepreneurship. For all these reasons, we support Thomas's
nomination."
The National Catholic Educational Association Endorses Thomas
(7/22/91)
It can not be denied that he [Clarence Thomas] embodies the best and
brightest of the American dream. Against all odds, he overcame a disadvantaged and
challenging youth to attain a distinguished education; to reach high public office and to
10
gain the respect and gratitude of the leaders of our country.
"We believe Mr. Thomas has the qualifications to serve on the Supreme Court
and are confident that his accomplishment in achieving this post will stand as an
incentive to all young people in America that -- despite all odds -- they have a chance
at a better life through learning and self-initiative."
Cuban American National Foundation Endorses Thomas
(7/19/91)
"We are confident that the confirmation of Judge Thomas will be a victory for
all persons who value the democratic principles that have served to preserve and
strengthen this nation throughout its history. Judge Thomas' presence on the high court
will not only reaffirm the Administration's commitment to assure the progress and
protection of minorities, but will also bring a range of experience and diversity essential
to the court's delicate deliberations."
The Republican National Hispanic Assembly Endorses Thomas
(7/19/91)
The Republican National Hispanic Assembly (RNHA), the official Hispanic
auxiliary of the RNC, commends President George Bush on his decision to nominate
Judge Clarence Thomas to the U.S. Supreme Court.
"This nomination is not dictated by Judge Thomas' race, it is not dictated by his
ideology, it is dictated by his first-hand intellect, his varied legal experiences his
outstanding character and his commitment to the Constitution and individual rights."
"The President nominated him for his fidelity to the Constitution and rule of law.
These qualities, coupled with his education and experience, will make him an exemplary
Justice of the Supreme Court."
National Coalition for Self-Reliance Endorses Thomas
(7/18/91)
Robert L. Woodson
President, National Center for Neighborhood Enterprise
&
Co-Chair, Coalition for Self-Reliance
Reverend Buster Soaries
Pastor, First Baptist Church of Lincoln Gardens
Somerset, New Jersey
&
Co-Chair, Coalition for Self-Reliance
Honorable Nate Bush
Vice President, District of Columbia Board of Education
Kimi O. Gray
President, National Association of Resident Management Corporations
11
Mabel Haden
President, National Association of Black Women Attorneys
Nathan Wright Jr., Ph.D.
Founding Member, AOIP (a consortium representing 94 Black-led organizations)
Fred Brown
Chairman, National Black Republican Council
Tony Brown
Syndicated Journalist
Mildred Hailey
Executive Director, Bromley Heath Tenant Management Corporation
Boston, Massachusetts
Juan A. Scott
Chairman, Connecticut Black Republican Council
Calvin Rolark
President, United Black Fund
Agudath Israel to Support Bush Supreme Court Nomination
(7/17/19)
Agudath Israel of America, the nation's largest grassroots Orthodox Jewish
movement, today announced its intention to support President Bush's nomination of
Judge Clarence Thomas for the U.S. Supreme Court.
"Judge Thomas has impressive credentials, both professionally and personally.
He has compiled a strong record of distinguished service -- as a judge in the U.S. Court
of Appeals for the D.C. Circuit, and, prior to that, as the chairman of the Equal
Employment Opportunity Commission. He has displayed great sensitivity to the cause
of religious liberty. He has articulated a vision of equal opportunity for all Americans
that will help move the U.S. toward a society in which people are judged on the basis
of their qualifications rather than their race, gender, religion or any other extraneous
characteristic. He has overcome personal adversity and discrimination in his own life
through his steadfast commitment to such basic principles as hard work and intellectual
integrity.
The National District Attorney's Association Supports Thomas
(7/16/91)
"Be it resolved that the National District Attorneys Association urges the Senate
Judiciary Committee and the United States Senate to confirm without delay, President
Bush's nomination of Judge Clarence Thomas to the United States Supreme Court."
Catholic Golden Age Endorses Thomas as Next Supreme Court Justice
(7/15/91)
"The Board of Directors of Catholic Golden Age, the national non-profit
organization of Catholics over 50, fully endorses Judge Clarence Thomas as the next
12
U.S. Supreme Court Justice.
"We have no doubt about Judge Thomas' commitment to civil rights or his ability
to serve on the highest court in the land."
The National Tax Limitation Committee Endorses Judge Clarence Thomas for Supreme
Court
(7/15/91)
"The NTLC normally does not endorse Judicial nominees. However, in the wake
of the Missouri vs. Jenkins decision last year, when, on a 5-4 vote, the Court decreed
that federal judges could order local governments to impose taxes, it has become clear
that taxpayers have a decided interest in the Judiciary.
"On that and other issues we believe the Court will be finer, fairer and more
sensitive to the rights of individuals, including taxpayers, if Clarence Thomas has the
opportunity to serve."
Students for America Statement of Support for Judge Clarence Thomas
(7/12/91)
"We.
state our support for the nomination of Judge Clarence Thomas to serve
as the 106th Associate Justice of the United States Supreme Court.
"Judge Thomas has served the United States with distinction for over 17 years,
as a Federal Appellate Justice, Chairman of the U.S. Equal Employment Commission
and as U.S. District Attorney in Missouri.
"Judge Thomas embodies the values that many young Americans believe so
strongly in, and the traditional American values that our forefathers embedded into the
foundation of this great country. With Judge Thomas on the bench we can be assured
that the Court will not legislate its decisions, but will interpret the Constitution as it is
written."
Polish American Congress Support Nomination of Judge Clarence Thomas
(7/10/91)
We.
have carefully considered Judge Thomas' background and experience
and we believe that he is uniquely qualified to serve on the highest court of our land.
We are particularly impressed by Judge Thomas' emphasis on self-reliance, hard
work and the importance of family. These values are cherished by Polish Americans.
Black Republican Group Endorses Clarence Thomas Nomination
(7/2/91)
"The Council of 100, a national organization of Black Republicans announced its
support of President Bush's nomination of Clarence Thomas for Associate Justice of the
13
Supreme Court. An early supporter of Thomas, the Council sent a letter to President
Bush prior to the public announcement requesting Bush to consider Thomas for the
nomination to the nation's highest court."
"Mr. Thomas is a legal scholar who having recently passed Senate confirmation
before his current appointment, is already well known to the Administration. Most
importantly, he has the moral [fortitude], the breadth of experience, and regard for
conservative construction of constitutional issues needed for a Supreme Court Justice."
14
GOOD
163
the navy of Charles
repetition over and over again, all of which could have been said in a
; and the gentlemen
few words.
-MAVERICK, Maury, New York Times, May 21, 1944, Mag. p. 11.
Vol. 1, Ch. 3.
GOOD
For there is nothing either good or bad, but thinking makes it so.
ent can only write a
Hamlet (II ii 255-257)
1. Wilson was a liter-
-And see Bander, Edward J., "Shakespeare and the Law," in Case and Com-
st that Wilson didn't
ment (January-February, 1968), p. 48.
sted, but things like
ent hadn't been well
GOOD MEN
(New York: Reynal &
However, I suppose your reasons are weighty, yet I woul'd suggest
that good and able Men had better govern than be goern'd, since 'tis
possible, indeed highly probable, that if the able and good withdraw
themselves from Society, the venal and ignorant will succeed.
-TYLER, John, Letter to Thomas Jefferson, May 16, 1782; see Boyd, Vol. VI.
0, President Richard
Jefferson Papers, pp. 183-84.
orld's most powerful
bitiful, helpless giant,
threaten free nations
GOOD TEMPER
en it allows itself to
y the flutter of a red
...
amid all the difficulties that beset the advocate, he will find
gh the flag that lures
GOOD TEMPER the best companion, and COMMON SENSE the
surest guide.
t bring itself to say
-Harris's Hints on Advocacy, by George W. Keeton (18th ed., London: Stev-
ens & Sons Limited, 1943), p. 329.
Big countries seem
isn't true in personal
people can offer an
GOVERNMENT
1. But the giants keep
at they're doing and
The government of the United States has been emphatically termed a
helpless, as well as
government of laws, and not of men. It will certainly cease to deserve
this high appellation, if the laws furnish no remedy for the violation
'ork Times, September
of a vested legal right.
-MARSHALL, John, in Marbury v. Madison, 1 Cranch 137, 163 (1803).
Pray for the welfare of the government; but for the fear thereof, men
ig, pompous, vague,
would swallow each other.
also talk or writing
-TALMUD, Avot 3.2.
re fairly simple, with
...
474
NATURAL LAW
NATURAL LAW
NECESSITY
As I said some years ago in an article in the Northwestern University
social necessi
Law Review, the difficulty with natural law-to which we might hope
advance of Law. 1
to look for specific help in such situations-is that if it is stated nar-
rowly enough to bring something to bear on specific problems it is not
gap between then
is stable; the socie
universal enough to qualify as natural law, but as mere temporal tradi-
or less happiness
tion; and if it is stated generally enough to escape that difficulty, it is
with which the g
not precise enough to give us answers."
-MAINE, Hen
-PIKE, James A., Beyond the Law (Garden City, New York: Double-
and Company, 1:
day & Company, Inc., 1963), p. 4.
The jurists who believe in natural law seem to me to be in that naive
state of mind that accepts what has been familiar and accepted by
1
them and their neighbors as something that must be accepted by all
men everywhere.
NEGLIGENCE
-HOLMES, Oliver Wendell, Natural Law. Collected Legal Papers
(New York: Harcourt, Brace and Company, 1920), p. 312.
A cause does not
has an idiosyncra
injury. Sur
I Cannot fancy to my self what the Law of Nature means, but the
classification of pl
Law of God. How should I know I ought not to steal, I ought not to
speech of men. (1
commit Adultery, unless some body had told me so? Surely tis because
strophic nature (c
I have been told so? "Tis not because I think I ought not to do them,
is uninstructed in
-CARDOZO, ]
nor because you think I ought not; if so, our minds might change,
498 (1934).
whence then comes the restraint? from a higher Power, nothing else
can bind.
-SELDEN, John, Table-Talk: Law of Nature (London: E. Smith,
MDCLXXXIX), p. 66 in English Reprints, no. 1-7.
The timorous ma
-CARDOZO, ]
250 N.Y. 479, 41
NATURAL RESOURCES
But the wealth of Midas and the wit of man cannot produce or repro-
"A blind man is 1
duce a natural gas field.
-HOLMES, (
-JACKSON, Robert H., in Federal Power Comm'n. V. Hope Natural
Brown and Con
Gas Co., 320 U.S. 591, 629 (1944).
A river is more than an amenity, it is a treasure. It offers a necessity of
life that must be rationed among those who have power over it.
The lack of a bo:
-HOLMES, Oliver Wendell, in New Jersey V. New York, 283 U.S. 336,
-REED, Stan
342 (1931).
(1941).
656
WILLS
The law decides questions of meum and tuum,
In some instances hor
By kindly consenting to make the thing suum;
-PAGE, Roy M., il
The Aesopian fable instructively tells
(1949).
What becomes of the oysters, and who gets the shells;
The legatees starve, but the lawyers are fed;
The Seniors have riches, the Juniors have bread;
The available surplus of course will be nil,
From the worthy testators who make their own will.
You had better pay toll when you take to the road,
WIRETAPPING
Than attempt by a by-way to reach your abode;
It has been conceded
You had better employ a conveyancer's hand
Than encounter the risk that your will shouldn't stand.
§ 605 that either party
From the broad beaten track when the traveler strays,
Each party to a tele]
He may land in a bog or be lost in a maze;
party may have an
overhear the convers:
And the law, when defied, will avenge itself still
violation of any priva
On the man and the woman who make their own will.
-WARREN, Earl,
-PROSSER, William L., The Judicial Humorist (Boston: Little, Brown
(1957).
and Company, 1952), p. 246.
We have to choose,
Judicial power is never exercised for the purpose of giving effect to
criminals should esc
the will of the judge; always for the purpose of giving effect to the
will of the legislature; or, in other words, to the will of the law.
ignoble part.
For those who agr
-MARSHALL, John, in Osborn V. Bank of United States, 22 U.S.
(9 Wheat.) 738, 866 (1824).
the government as ]
existing code does ]
such dirty business,
ties to succeed.
When a testator has executed a will in solemn form you must assume
-HOLMES, Olive
that he did not intend to make it a solemn farce,-that he did not
(1928).
intend to die intestate when he has gone through the form of making
a will.
-ESHER, Lord, in Re Harrison, 30 Ch.D. 390, 393-394 (1885).
But I think, as Mr.
tution, the governm
obtainable, by a crin
we are bound, and 1
It has been justly observed by some jurist possessed of philosophical
lished rules. Theref
perception "that no will has a twin brother." This sage epigram points
both of which we
directly at the difficulties encountered by courts in trying to construe
choose.
wills in the light of authority. These troubles are nowhere more
-HOLMES, Oliv
cogently illustrated than in Mr. Jarman's Standard Treatise on the Law
470 (1928).
of Wills, where one may find authority for almost any proposition
which the exigencies of a given case may suggest or demand.
-WERNER, William E., In re King's Estate, 200 N.Y. 189, 192 (1910).
The Attorney Genei
tion-he knew that
872
Galbraith - Murrow
Murrow - Roethke
1
The imperatives of technology and organi-
12
We still seek no wider war.
1
In order to progress, radi
zation, not the images of ideology, are what
Radio/television speech [August
backward, to the time when Si
determine the shape of economic society.
4, 1964] on the Gulf of Tonkin reso-
cials were not allowed on new
Ib.
lution
there was no middle commer
report, when radio was rath
2
We are becoming the servants in thought,
13
This nation, this generation, in this hour
and fast.
as in action, of the machine we have created
has man's first chance to build a Great Soci-
to serve us.
Ib.
ety, a place where the meaning of man's life
matches the marvels of man's labor.
Theodore Roeth
3
The enemy of the market is not ideology
but the engineer.
Address, accepting the presiden-
Ib. 3
1908-1963
tial nomination [August 1964]
4
The individual serves the industrial sys-
2 My secrets cry aloud.
tem not by supplying it with savings and the
I have no need for tongue.
resulting capital; he serves it by consuming
Otto Kerner, Jr.
My heart keeps open house,
its products.
Ib. 4
1908-1976
My doors are widely flung.
Open Hou
5
It was with Malthus and Ricardo that eco-
14
Our nation is moving toward two societies,
nomics became the dismal science. 1
one black, one white-separate and unequal.
3 Thought does not crush to stc
The Age of Uncertainty [1977], ch. I
Report of the National Advisory
The great sledge drops in vair
Commission on Civil Disorders
Truth never is undone;
[1968], p. I
His shafts remain.
The Adama
Lyndon Baines Johnson
1908-1973
Abraham Harold Maslow
4 For something is amiss or out
6
Come now, let us reason together.²
When mice with wings can V
1908-1970
face.
The B
Saying
15 A musician must make music, an artist
7 I am a free man, an American, a United
5 This urge, wrestle, resurrection
must paint, a poet must write, if he is to be
States Senator, and a Democrat, in that
Cut stems struggling to put do
ultimately at peace with himself. What a
order.
What saint strained so much,
man can be, he must be.
Quoted by ADLAI STEVENSON in his
Rose on such lopped limbs to
Motivation and Personality [1954]
Cutting
introduction to JOHNSON, A Time
for Action [1964]
6 Nothing would sleep in that C
Edward Roscoe Murrow
Root
8
All I have I would have given gladly not to
be standing here today.
1908-1965
7 Nothing would give up life:
First address to Congress as Presi-
16
This London.
Even the dirt kept breathing a
dent [November 27, 1963]
Opening phrase for broadcasts
We have talked long enough in this coun-
from London during World War II
9
try about equal rights. We have talked for a
[1939-1945]
8 Tugging all day at perverse lif
The indignity of it!
hundred years or more. It is time now to
17
We must not confuse dissent with disloy-
The Weed
write the next chapter-and to write in the
alty.
books of law.
Ib.
See It Now (broadcast). Report
9 And afterwards I always felt I
on Senator Joseph R. McCarthy
back over the logging road
10
Unfortunately many Americans live on
As if I had broken the natural 0
the outskirts of hope-some because of their
[March 7, 1954]
in that swampland;
poverty, some because of their color, and all
18
We will not be driven by fear into an age of
Disturbed some rhythm, old ar
too many because of both. Our task is to help
unreason if we
remember that we are
portance,
replace their despair with opportunity.³
not descended from fearful men, not from
By pulling off flesh from the li
First State of the Union Message
men who feared to write, to speak, to associ-
As if I had committed, again
[January 8, 1964]
ate and to defend causes which were, for the
scheme of life, a desecratic
moment unpopular.
Ib.
Moss Gati
11
The challenge of the next half century is
whether we have the wisdom to use [our]
19
I am entirely persuaded that the American
10 The whiskey on your breath
wealth to enrich and elevate our national life
public is more reasonable, restrained and
Could make a small boy dizzy;
-and to advance the quality of American
mature than most of the broadcast industry's
But I hung on like death:
civilization.
planners believe. Their fear of controversy is
Such waltzing was not easy.
Speech at the University of
not warranted by the evidence.
My Papa's Waltz
Michigan [May 22, 1964]
Speech at the Radio and Television
News Directors Convention, Chi-
11 I study the lives on a leaf: the
¹See Carlyle, 474:11.
"See Isaiah 1:18, 28:30.
cago [October 15, 1958]
Sleepers, numb nudgers in cold
³See Michael Harrington, 908:5.
Beetles in caves, newts, stone-d
¹See Lippmann, 814:1.