Clarence Thomas - Criticism Quotes

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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
I, for one, have been singled out for particularly bilious and venomous assaults. These criticisms, as near as I can tell, and I admit that it is rare that I take notice of this calumny, have little to do with any particular opinion, though each opinion does provide one more occasion to criticize. Rather, the principal problem seems to be a deeper antecedent offense: I have no right to think the way I do because I'm black.

Clarence Thomas
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.

Clarence Thomas
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.

Clarence Thomas
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.

Clarence Thomas
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.

Clarence Thomas