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Clarence Thomas -
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Of course there is much criticism of the court by this group or that, depending on the court's decisions in various highly publicized cases. Some of the criticism is profoundly uninformed and unhelpful. And all too often, uncivil second-guessing is not encumbered by the constraints of facts, logic or reasoned analysis.
Clarence Thomas
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One of the interesting surprises is the virtual isolation, even within the court. It is quite rare that the members of the court see each other during those periods when we're not sitting or when we're not in conference. And the most regular contact beyond those two formal events are the lunches we have on conference and court days.
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Unlike the unfortunate practice or custom in Washington and in much of the country, the court is a model of civility. It's a wonderful place. Though there have been many contentious issues to come before the court during these initial years of my tenure, I have yet to hear the first unkind words exchanged among my colleagues. And quite frankly, I think that such civility is the sine qua non of conducting the affairs of the court and the business of the country.
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As I have noted, I find a thoughtful, analytical criticism most helpful. I do not think any judge can address a vast array of cases and issues without testing and re-testing his or her reasoning and opinions in the crucible of debate. However, since we are quite limited in public debate about matters that may come before the court, such debate must, for the most part, occur intramurally, thus placing a premium on outside scholarship.
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Though the ideas and opinions themselves are not necessarily illegitimate if held by non-black individuals, they, and the person enunciating them, are illegitimate if that person happens to be black. Thus, there's a subset of criticism that must of necessity be reserved for me, even if every non-black member of the court agrees with the idea or the opinion. You see, they are exempt from this kind of criticism, precisely because they are not black. As noted earlier, they are more often than not subjected to the whites-only sophisticated analysis.
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Something has gone seriously awry with this Court's interpretation of the Constitution.
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On the other hand, the constructive and often scholarly criticism is almost always helpful in thinking about or rethinking decisions. It is my view that constructive criticism goes with the turf, especially when the stakes are so high and the cases arouse passions and emotions. And, in a free society, the precious freedom of speech and the strength of ideas, we at the court could not possibly claim exemption from such criticism. Moreover, we are not infallible, just final.
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Unfortunately, from time to time, the criticism of the court goes beyond the bounds of civil debate and discourse. Today it seems quite acceptable to attack the court and other institutions when one disagrees with an opinion or policy. I can still remember traveling along Highway 17 in south Georgia, the Coastal Highway, during the fifties and sixties, and seeing the 'Impeach Earl Warren' signs.
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Mister Mayor, my fellow colleagues of both bench and bar, it's a pleasure to be here. And one advantage is that similar to being on the bench, I have heard all of the arguments, and will take them under advisement. I have been told recently that Judge Bailey does not take matters under advisement that frequently, so I will stay out of his court. But it is indeed a pleasure to be here.
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Clearly, heated reactions to the court or to its members are not unusual. Certainly, Justice Blackmun was attacked repeatedly because many disagreed, as I have, with the opinion he offered on behalf of the Court in Roe vs. Wade. Though I have joined opinions disagreeing with Justice Blackmun, I could not imagine ever being discourteous to him merely because we disagreed.
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With respect to my following, or, more accurately, being led by other members of the Court, that is silly, but expected since I couldn't possibly think for myself. And what else could possibly be the explanation when I fail to follow the jurisprudential, ideological and intellectual, if not anti-intellectual, prescription assigned to blacks. Since thinking beyond this prescription is presumptively beyond my abilities, obviously someone must be putting these strange ideas into my mind and my opinions.
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I make no apologies for this view now, nor do I intend to do so in the future. I have now been on the court for seven terms. For the most part, it has been much like other endeavors in life. It has its challenges and requires much of the individual to master the workings of the institution. We all know that. It is, I must say, quite different from what I might have anticipated if I had the opportunity to do so.
Clarence Thomas
Quote of the day
Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Clarence Thomas
Creative Commons
Born:
June 23, 1948
(age 76)
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