Mifflin W. Gibbs

 


 

 

The US Supreme Court is a Rational and Deliberative Body, Not a Political One
 

Although Justice Clarence Thomas says nothing while on the bench--reportedly he asks no questions and makes no comments--he occasionally gives speeches to various friendly bodies. The James Madison University was one of those friendly bodies. Clarence Thomas said that the court does not base its decisions on politics. He contended that it is a mistake to think that the court regards politics in its decision-making.

Furthermore, he said that he wished that the nation could have seen the court functioning to come to its decision about the presidential election. He implied that while all America was pulling its hair out, the court was rationally wadding through the thorny issues with a clear mind, void of any political agenda. Any other tales to be told?

If Thomas actually wanted America to observe how well the court carries on its deliberations, he and they need only allow cameras into the courtroom. He claims that within his almost 10 years on the bench, he has never heard an unkind word uttered by anyone there. How idyllic a situation can one get? 

Thomas and the highest court in the land want to have it any way they decide to have it--there is never an unkind word; they are thoughtful and professional, but there are numerous split decisions and some with very vitriolic and demeaning language; decisions that stink with White male conservative politics, but never is the court moved by politics. The Florida presidential election decision was so confused and convoluted that only politics, certainly not law, could have produced it.

Justice Anthony Scalia leads the politically conservative charge and Clarence Thomas goes lock step with his leadership. He is, as many suspect, Scalia's second vote. He says nothing because Scalia makes all the comments. If there are never unkind words toward him, it's because he goes with the flow and bends with the wind of the decisions. Were Thomas to take a strong stand on an issue of great significance and moral import to Blacks and minorities, he would hear unkind words and more.

One thing physical science teaches us beyond its own properties is this: to move up or forward, one must exert a greater force that the force that holds it still. When that greater force is exerted, it produces tension and friction. That friction is comparable to the tension that is experience when one goes against popular opinion. There is an old expression that says, "Print the truth and let them howl."

Maybe Justice Thomas has not heard an unkind word because he hasn't stood for any truth that would make them howl. Too often he has gone along with Justice Scalia into Scalia's vortex of intellectual White male conservativeness.

But somewhere along the way, Justice Thomas has failed to see that all things are political, especially food. That blind spot may have hindered him from seeing that the court is a very political body, and its present politics is White male conservative politics. And he is doing nothing to change that paradigm--that is why George Bush Sr., placed him there.[]

 

 

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