The Radical Right Supreme Court, Part Two, Clarence Thomas
12 months ago 381
Thomas
was born in 1948 in Pin
Point, Georgia,
a small, predominantly black community near Savannah
founded by freedmen after the Civil War.
He was the second of three children born to M. C. Thomas, a farm
worker, and Leola "Pigeon" Williams, a domestic worker.
They were descendants of American slaves,
and the family spoke Gullah as a first language. Thomas's
earliest known ancestors were slaves named Sandy and Peggy, who were
born in the late 18th century and owned by wealthy planter Josiah
Wilson of Liberty
County, Georgia. Thomas's
father left the family when Thomas was two years old. Though Thomas's
mother worked hard, she was sometimes paid only pennies per day and
struggled to earn enough money to feed the family, and was sometimes
forced to rely on charity. After a house fire left them homeless,
Thomas and his younger brother Myers were taken to live in Savannah
with his maternal grandparents, Myers and Christine (née
Hargrove)
Anderson.
Thomas
then experienced amenities such as indoor plumbing and regular meals
for the first time. Myers Anderson had little formal education, but
built a thriving fuel
oil business
that also sold ice. Thomas has called Anderson "the greatest man
I have ever known." When Thomas was 10, Anderson started taking
the family to help at a farm every day from sunrise to sunset.
Anderson believed in hard work and self-reliance, and counseled the
children to "never let the sun catch you in bed." He also
impressed upon his grandsons the importance of a good education
(Wikipedia
2).
In
the fall of 1967, Clarence Thomas and 64 other young Catholic men
entered Immaculate Conception Seminary in the northwestern Missouri
town of Conception with the goal of becoming priests. Half the
students, including Mr. Thomas, left the seminary after the first
year.
…
Mr.
Thomas later told several black friends about the incident that many
believe prompted him to leave. On April 4, 1968, the day the Rev. Dr.
Martin Luther King Jr. was assassinated in Memphis, a group of
students were watching television coverage of the event. Mr. Thomas
heard one white student remark, "That's what they should do to
all the niggers."
Jerry
M. Hunter, general counsel for the National Labor Relations Board,
said of Mr. Thomas: "He remembers thinking, 'We're supposed to
be people of God. If people have that view here, then this is not a
place for me to be.' "
Mr.
Thomas transferred to Holy Cross. He and most of the college's few
dozen black students were housed together in Healey Dormitory, named
for a black Roman Catholic bishop, said the Rev. Joseph J. LaBran,
who is still a residence counselor at the college.
Administrators
thought that placing the students together would help them find
support in the overwhelmingly white school, he said. But the
dormitory has since been integrated.
In
1969, several students protested the campus recruitment of students
by General Electric because of its military work. The administration
expelled some protesters, but while most of the protesters had been
white, about half of those expelled were black.
Almost
every black student, including Mr. Thomas, walked off campus until
the administration reinstated those expelled, Father LaBran said.
…
Stanley
E. Grayson, a former deputy mayor of New York City, was a friend of
Mr. Thomas at Holy Cross, where they were both active in the black
student union.
"Clarence
was always an independent thinker," Mr. Grayson said. "He
was the type who was going to look at a set of circumstances and
reach his own conclusions. And I think that probably exists today"
(Margolick 1-2).
“Just
about every evening, a few minutes after 11, there Clarence would be
coming through the door from the library, every single evening,”
recalled Edward P. Jones, the Pulitzer Prize-winning fiction writer
known for his work chronicling Black lives in Washington, who lived
down the hall from Thomas as a sophomore. “There was a fierce
determination I sensed from him, that he was going to get as much as
he could and get as far, ultimately, as he could.”
Thomas
got his law degree from Yale but stuck a 15-cent cigar sticker to the
frame of his diploma after failing to get a big law job — such
firms, he would write, attributed his academic pedigree to
preferential treatment. Instead, he took the only job offer he
received and went to work for Missouri’s Republican attorney
general, John Danforth, and discovered the writings of the Black
conservative Thomas Sowell, who assailed affirmative action as
undercutting self-reliance; Thomas wrote that he “felt like a
thirsty man gulping down a glass of cool water” to see his own
beliefs articulated. A few years later, after he was appointed by
Reagan to head the Equal Employment Opportunity Commission, he would
complain that Black civil rights leaders “bitch, bitch, bitch, moan
and moan, whine and whine” (Hakim and Becker 12).
Thomas
was the only African-American member of Danforth's staff. He worked
first in the criminal appeals division of Danforth's office and later
in the revenue and taxation division. He has said he considers
Assistant Attorney General the best job he ever had. When Danforth
was elected to the U.S. Senate in 1976, Thomas left to become an
attorney with the Monsanto Chemical Company, in St. Louis, Missouri.
Thomas
moved to Washington, D.C., and again worked for Danforth from 1979 to
1981 as a legislative assistant handling energy issues for the Senate
Commerce Committee.
Thomas and Danforth had both studied to be ordained, although in
different denominations.
Danforth championed Thomas for the Supreme Court.
President
Ronald Reagan nominated Thomas as Assistant
Secretary of Education for Civil Rights in the U.S. Department of
Education on
May 1, 1981. Thomas's nomination was received by the Senate on May
28, 1981, and he was confirmed to the position on June 26 …
Journalist
Evan
Thomas once
opined that Thomas was "openly ambitious for higher office"
during his tenure at the EEOC. As chairman, he promoted a doctrine of
self-reliance, and halted the usual EEOC approach of filing
class-action
discrimination
lawsuits, instead pursuing acts of individual discrimination. He also
asserted in 1984 that black leaders were "watching the
destruction of our race" as they "bitch, bitch, bitch"
about Reagan instead of working with the Reagan
administration
to alleviate teenage pregnancy, unemployment and illiteracy
(Wikipedia 4).
Clarence
and Ginni [Virginia Lamp] met in 1986 at a conference on affirmative
action, which they both opposed. After a stint at the civil rights
office of the Education Department, he was running the E.E.O.C.; she
was an attorney at the U.S. Chamber of Commerce and mused that year
to Good Housekeeping about someday running for Congress. She had
extracted herself from a New Age-y self-help group called Lifespring,
which she would denounce as a cult, but was still attending meetings
held by a cult-deprogramming organization, and she took him along to
one. He would describe her as a “gift from God,” and they married
in 1987 at a Methodist church in Omaha; it was her first marriage,
his second. “There’s no other way to politely say this, but the
fact she married a Black man must’ve caused an uproar in that
family, I can’t even imagine,” said Scott Bange, who dated Ginni
in high school. In 1991, one of Ginni Thomas’s aunts told The
Washington Post that the future justice “was so nice, we forgot he
was Black,” adding, “He treated her so well, all of his other
qualities made up for his being Black” (Hakim and Becker 12).
… in
June 1989, President Bush announced he would nominate Thomas to the
U.S. Court of Appeals for the D.C. Circuit.
In
his meetings with white Democratic staffers in the Senate, Thomas
wrote, he was met with ill-concealed hostility." He says he was
"struck by how easy it had become for sanctimonious whites to
accuse a black man of not caring about civil rights." But his
confirmation hearing to the federal appeals court would prove
uneventful, and he got the support of a number of influential African
Americans …
...
Thomas
had been on the appeals court mere months when Justice William
Brennan stepped down, and rumors circulated that Thomas was on the
short list to replace him. Bush actually wanted to nominate Thomas
for that seat. He was worried about the "optics" of
nominating him to replace Justice Thurgood Marshall, if he were to
retire, because he didn't want Thomas to be perceived as a quota
pick.
But
Bush's advisers, including White House Counsel Boyden Gray, believed
it was too soon for Thomas, so Bush tapped another new appeals court
appointee, David Souter of New Hampshire. Souter had spent seven
years on the New Hampshire Supreme Court and had worked in state
government before that. But he had yet to write a federal court
opinion or grapple with hard federal constitutional law questions —
as the Bush Administration would realize soon enough when the
inexperienced Souter, once on the Court, proved to be less
conservative than they had ever expected.
The
next year, Marshall — a civil rights icon — announced his
retirement. Thomas heard he was the leading candidate and wrote that
he "felt sick" at the prospect of being a Supreme Court
nominee. He worried about spending the rest of his life as a judge,
and he worried about the battle it would take to get him confirmed
because of his outspoken views.
But
on the last day of June, President Bush phoned Thomas in his chambers
in Washington. He asked him to come to Kennebunkport to discuss it
with him, so Thomas flew up alone, not sure if he was being
interviewed or selected. Virginia suggested he write a statement just
in case. At her suggestion, he inserted in the statement that it was
"only in America" that someone with his humble background —
a poor black child from the segregated South — could grow up to
become a Supreme Court nominee.
As
Bush introduced Thomas to the nation, Thomas heard the clicking of
the cameras, which he wrote "sounded like summer rain falling on
the tin roof of our hand-built house in Liberty County, the
individual drops blurring together in a steady pitter-patter."
Standing beside the President, Thomas thought of his grandparents,
and he suggests he had a sense of foreboding. He wrote that he
recalled the ants he had watched as a child on the farm, building
hills one grain of sand at a time, "only to have them
senselessly destroyed in an instant by a passing foot."
"I'd
pieced my life together the same way, slowly and agonizingly,"
he wrote. "Would it, too, be kicked callously into the dust"
(Greenburg 1)?
TV
viewers, both male and female, watched in increasing discomfort as
the senators asked [Anita] Hill about large-breasted women, a porn
star named Long Dong Silver and pubic hair on a Coke can, among other
previously unthinkable subjects for a Senate committee hearing.
But
for women, Hill’s testimony would have special significance, as it
was the first time someone had so publicly shared her account of
workplace
harassment—something
that so many of them had experienced.
Though
the committee would eventually confirm Thomas, making him only the
second Black man to serve on the Supreme Court, the impact of Hill’s
televised testimony would reverberate dramatically across the nation,
with lasting consequences that endure today.
“I
think women saw play out, in the most human terms, Anita
Hill—credible and very much reflecting the experiences of so many
other women—being demeaned, being dismissed and being mistreated by
an array of male senators,” says Marcia Greenberger, founder and
co-president emerita of the National
Women’s Law Center.
“And when they reflected upon it at the end of the hearings, their
anger began to rise, and their determination to do something about it
began to increase.”
Both
Thomas and Hill had risen from poor rural childhoods in segregated
America, graduated from Yale Law School and launched promising legal
careers in Washington, D.C. Their paths converged at the U.S.
Department of Education in 1981, when Thomas hired Hill to be his
special assistant in the department’s Office of Civil Rights.
Shortly
after that, according to Hill, Thomas began harassing her, a pattern
that would continue after Thomas left his post to become chairman of
the Equal Employment Opportunity Commission (EEOC), and Hill moved
with him to continue as his assistant.
Hill,
who left Washington in 1983 and became a law professor in her native
Oklahoma, was initially reluctant to come forward with her
allegations against Thomas. But in the late summer of 1991, she was
contacted by members of the Senate Judiciary Committee who had heard
rumors of possible misconduct by Thomas against at least one female
employee in his past. After a three-day
FBI investigation led
the White House to determine the allegations were “unfounded,”
the reporter Nina Totenberg of NPR learned of the FBI report and
revealed
Hill’s accusations to the public for the first time.
On
October 11, Hill
testified before the committee that
Thomas had asked her out repeatedly and that even after she refused,
often talked to her in graphic detail about sex. Throughout the
brutally uncomfortable questioning by senators, Hill retained her
composure, even when forced to repeat again and again the most
disturbing and embarrassing parts of Thomas' alleged harassment.
Years later, the committee’s Democratic chairman, Joe Biden, would
publicly
apologize to Hill for not protecting her from his fellow senators’
grilling.
Thomas
vehemently denied Hill’s allegations and invoked racial
discrimination, calling the hearing “a national disgrace...a
high-tech lynching for uppity Blacks who in any way deign to think
for themselves,” imagining Thomas’ harassment, or of committing
“flat-out perjury,” in the words of Senator Arlen Specter of
Pennsylvania. Senator Orrin Hatch of Utah even accused her of
borrowing the Coke can incident from the 1971 novel The
Exorcist.
Despite Hill’s testimony, and that of four corroborating witnesses
who said she talked with them about Thomas’ behavior at the time,
the Senate voted to confirm Thomas 52-48, the narrowest margin in
nearly a century. (Pruitt
1-2).
Works
cited:
“Clarence
Thomas.” Wikipedia.
Net.
https://en.wikipedia.org/wiki/Clarence_Thomas#Childhood
Greenburg,
Jan Crawford. “Clarence
Thomas: A Silent Justice Speaks Out” ABC
News, October
1, 2007. Net. https://abcnews.go.com/TheLaw/story?id=3664944&page=1
Hakim,
Danny and Becker, Jo. “The
Long Crusade of Clarence and Ginni Thomas.” New
York Times Magazine, February
23, 2022. Net.
https://www.nytimes.com/2022/02/22/magazine/clarence-thomas-ginni-thomas.html
Margolick,
David. “Judge
Portrayed as a Product of
Ideals Clashing with
Life.” New
York Times, July
3, 1991. Net.
https://www.nytimes.com/1991/07/03/us/judge-portrayed-as-a-product-of-ideals-clashing-with-life.html
Pruitt,
Sarah. “How Anita Hill’s Testimony Made America Cringe—and
Change.” History, updated February 9, 2021. Net.
https://www.history.com/news/anita-hill-confirmation-hearings-impact