Tag: Clarence Thomas

The Culture War Rout Is On

So, this week George Takei called Clarence Thomas a “clown in black face” for this dissent in Obergefell. He has since apologized for the remark, claiming that he said it in a moment of anger.

As you know, I’m not one for the Outrage of the Day. What set Takei off was Thomas’ argument that government can not take away your dignity no matter what it does; dignity is intrinsic. Thomas used the internment camps as an example and Takei, who was interred, was angered by that comparison. That’s understandable.

However …

The reaction to Takei’s remarks has little to do with him. It has everything to do with a racial smear campaign that has pursued Clarence Thomas since the day he joined the Court. Just as Takei’s comments have their origin in his long experience with racial and anti-gay discrimination, the backlash to them has its origin in 24 years of liberals slagging Clarence Thomas, all too often in racist language. Thomas is a race traitor. Thomas is an Uncle Tom. Thomas doesn’t know his history. Thomas is an idiotic sock puppet of Scalia (actually, the Scalia-Thomas pairing isn’t even in the top ten for SCOTUS). Thomas never writes any significant opinions (I recently cited his wonderful dissent in Kelo; he’s written many many others).

We’re told that Thomas doesn’t understand or care about race relations. We’re told this of a man who was born in the segregationist South; who experienced vile racism in his early life; who was and is an admirer of Malcolm X; who is thoroughly versed in our country’s racial history; who can cite you chapter and verse about how our country has perverted the law and the Constitution to screw over black people. Thomas is well aware of his race, conscious of it and proud of it. But he the temerity to disagree with liberals about how the Constitution should be applied to the law. And so none of that matters.

But there’s something here even beyond the usual Clarence Thomas race-baiting. Let’s take a step back. For the last week, numerous Republicans have been responding angrily to the gay marriage and Obamacare decisions. Rick Santorum, Mike Huckabee and Bobby Jindal, among others, have questioned the Court’s legitimacy. We’re told that this is a sign of how insane Republicans are. But … you’ll see equal amounts of rage from the Left when the Court doesn’t go there way. Hell, just last week, people were responding to Scalia’s dissent with angry tweets and articles about Bush v. Gore and Citizens United, decisions which liberals responded to by … gasp! … questioning the legitimacy of the Court.

Look, it’s understandable that people get mad at the Court when it makes decisions they don’t like. Hell, I’m still upset about Kelo. That’s fine. I really don’t see anything unusual or alarming about anti-gay-marriage politicians being angry about the recent decisions. We have to accept the Court’s decisions as a matter of law; but that does not mean we have to accept them into our hearts. Be angry when you think the Court has gotten it wrong.

What’s striking, however, is how angry the Left gets when they win. Granted, most of the Left is just plain happy about last week’s decisions. But there’s a not insignificant faction that’s just furious that the conservative bench had the nerve to dissent.

As Clark at Popehat recently noted, the Culture War in this country has had two distinguishing features: an incredible series of wins for the Left and an even more incredible series of whinges about it:

The problem I have is that the blue alliance has been on a winning streak, and with recent Blue success in gay marriage, immigration of client populations, university-and-media roll-up, etc. I feel like the culture war is over and the victors are going around (metaphorically) humiliating and shooting survivors of the losing side, and conducting mop-up operations. Witness team Blue forcing bakers to bake cakes and forcing photographers to shoot photos for partnerships that they consider immoral. Witness blue team arguing that innocent people should go to jail for rape, because – and I’m quoting Ezra Klein here – we “need to create a world where men are afraid.” Red team men, I take that to mean. Football players. Frat boys. Not nice guys like Ezra.

Look at how the reasonable Left, who would never question the legitimacy of the Court, responded to last year’s Hobby Lobby decision. Just to remind you: the Supreme Court decided that the government could force almost all employers to provide unrestricted contraception coverage to their employees. But because of the RFRA, they decided that a small subset of businesses — privately owned or closely held businesses — could refuse coverage for a small subset of birth control methods that they considered abortificients. It’s exactly the kind of compromise that the Left always claims to want; one that respects our diverse and pluralistic country. In fact, it’s better: they got about 99.5% of what they wanted, with a small bone thrown to religious conservatives. Even better, the Court’s decisions was grounded in a law that can be repealed, not in any supposed First Amendment rights of corporations. By any definition, it was a big win for them.

And yet .. the “reasonable left” who would never question the legitimacy of the Court, responded by proclaiming that we were in a corporate theocracy. They disparaged Catholics on the Court. We were told that it turned back the clock on women’s rights. You can see a bunch of “reasonable” tweets here, including a comparison to Plessy vs. Ferguson (remember when Republicans comparing SCOTUS decisions to Dred Scott was over the line? Good times.)

That’s when they “lose” by such a tiny amount it’s really a huge victory. But last week, the Left won outright. And granted, most liberals are responding with jubilation. My FB feed filled with happy posts about the victory of gay rights. But there is a noisy faction that have spent the last week poring through the dissenting opinions to find something, anything to get in a tizzy over. Jon Stewart has done multiple segments mocking the dissenting opinions and the politicians who didn’t like the rulings. And then, of course, you had Monday’s afterbirth when liberals screamed that the Court has “struck down” limits on mercury emissions (it did nothing of the kind).

So, on it’s own, Takei’s remarks are nothing — something dumb said out of anger. But in the larger context, it was the intersection of two ugly trends: racial animosity toward Clarence Thomas and incessant left-wing whinging about a political battle they have won.

So, yeah, Takei’s apology is fine (Thomas, I suspect, does not care either way). But it’s nothing compared to the long smear campaign against Clarence Thomas and the vitriol with which far too much of the Left has responded to a decision that went their way.

The Culture War is over, guys. You’ve won. Hell, I’m on your side for most of these social issues. We’ve won. Do you really have to ride down your defeated foe?

Thomas Revealed

One of the most amazing things for SCOTUS watchers to see over the last year has been the slow realization about Clarence Thomas. For conservative Court watchers, it’s been obvious for some time that Thomas is a capable and influential jurist. His dissent in the Raich medical marijuana decision, where he disagreed with Scalia, was excellent.

If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress’ Article I powers — as expanded by the Necessary and Proper Clause — have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to “appropria[te] state police powers under the guise of regulating commerce.”


If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison’s assurance to the people of New York that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

That’s good federalism, friends. But the Left, because he was a black conservative, continued to insist that he was a “lawn jockey” and Scalia’s hand puppet.

Earlier this year, Jeffrey Toobin came to the sudden realization about Thomas’ substantial body of work. And now, on the 20th Anniversary of his appointment, people are talking about his record, which shows a disregard for stare decisis, even to the point of — gasp! — occasionally supporting liberal ideas because … that’s what’s in the Constitution:

Based on his reading of the Commerce Clause, for example, he unsuccessfully urged his brethren to strike down most of the federal drug laws—which made him an unlikely hero in my hometown of Berkeley, Calif., if only for a day. He joined a majority to invalidate thousands of criminal sentences because judges, instead of juries, had found the vital facts—in violation of the Bill of Rights.

This refers to the Feds’ repulsive attempt to get judges to tack 25 years onto convictions when guns were used during a crime — a finding not made by a jury but determined from the bench.

Justice Thomas opposed the court’s pro-business decisions that capped punitive damages because he believes the issue is for the state courts to decide. He voted to suppress evidence produced by police using thermal-imaging technology to scan homes for marijuana growth as unreasonable searches in violation of the Fourth Amendment. Because the Framers wanted broad protections for political speech, Justice Thomas joined opinions protecting violent movies and offensive protesters at military funerals.

None of this is a surprise to those of us who took Clarence Thomas seriously from day one. But it’s nice to see everyone else figuring it out.