Lawyers From The United States

"[Thomas admitted to Sibley Memorial Hospital in Washington, DC], after experiencing flu-like symptoms. It is not COVID related."

"The difference between me, along with most Black folks, and Clarence Thomas is that Thomas has decided to take his hurt feelings out on one of the most effective social justice policies in American history, while most Black people just learn to step over the low-account white folks clawing at our ankles. Most Black people strive to overcome racial injustice; Thomas was broken by it. Instead of blaming the white folks doing the oppressing, Thomas has decided to ally with them and blame the policy meant to break their exclusive access to power. He’s almost a tragic figure: a man who has adopted the white narrative about Black people so completely that he’s curdled into a mere spokesperson for that white narrative."

"One wonders what this Court waits for. We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us. I respectfully dissent."

"Bush's choice of Thomas caught most black leaders off guard. Few had the courage to say publicly that this was an act of cynical tokenism concealed by outright lies about Thomas being the most qualified candidate regardless of race. Thomas had an undistinguished record as a student (mere graduation from Yale Law School does not qualify one for the Supreme Court); he left thirteen thousand age discrimination cases dying on the vine for lack of investigation in his turbulent eight years at the EEOC; and his performance during his short fifteen months as an appellate court judge was mediocre. The very fact that no black leader could utter publicly that a black appointee for the Supreme Court was unqualified shows how captive they are to white racist stereotypes about black intellectual talent."

"If the Framers had wanted a constitution that evolved by judicial ruling, Thomas says, they could have stuck with the unwritten British constitution that governed the American colonists in just that way for 150 years before the Revolution. But Americans chose a written constitution, whose meaning, as the Framers and the state ratifying conventions understood it, does not change—and whose purpose remains, as the Preamble states, to "secure the Blessings of Liberty to ourselves and our Posterity.""

"For the evangelical left, those who suffer largely exist as mechanisms for others’ salvation, but not as beings with consciences of their own—or more precisely, they are allowed to have their own conscience if and only if it fits into their salvation model. Else, they can be considered as corrupted. The black man loses his “blackness,” which is a state of grace and nothing to do with skin color. Clarence Thomas isn’t “really” black but Bill Clinton is, in the same way that the Eucharist literally becomes the body of Christ."

"US Supreme Court justice Clarence Thomas in particular has critiqued the complexity of federal Indian law several times. But as at least one commentator noted, when court justices critique the "complexity" of federal Indian law, it seems to precede a restriction on tribal authority."

"He is a clown in blackface sitting on the Supreme Court. He gets me that angry. He doesn't belong there. Ande saw the movie 12 Years as a Slave, you know, they were raped. And he says they had dignity as slaves or— My parents lost everything that th middle of their lives, in their thirties. His business, my father's business, our home, our freedom and we're supposed to call that dignified? Marched out of our homes at gun point. I mean, this man does not belong on the Supreme Court. He is an embarrassment. He is a disgrace to America."

"[After denying Anita Hill's testimony, Thomas challenged the Senate committee considering his Supreme Court appointment to investigate further] His bluff wasn't called. Many individuals we uncovered who knew about Thomas's habitual, erotically charged talk in the workplace were never contacted by the Senate Judiciary Committee or called as witnesses. We found three other women who had experiences with Thomas at the EEOC that were similar to Hill's, and four people who knew about his keen interest in porn but were never heard from publicly. The evidence that Thomas had perjured himself during the hearing was overwhelming."

"My history with the Thomas case is a long one. In the early 1990s, along with my then-colleague at The Wall Street Journal Jane Mayer, I spent almost three years re-reporting every aspect of the Hill-Thomas imbroglio for a book on the subject, Strange Justice: The Selling of Clarence Thomas. Quickly, we uncovered a pattern: Clarence Thomas had, in fact, a clear habit of watching and talking about pornography, which, while not improper on its face, was at the heart of Hill's allegations of sexual harassment. She testified that at the Department of Education and the EEOC [Equal Employment Opportunity Commission], where she worked for Thomas, he had persisted in unwelcome sex talk at work. Often, he'd called her into his office to listen to him describe scenes from porn films featuring Long Dong Silver and women with freakishly large breasts."

"Richard Epstein's book, Takings: Private Property and the Power of the Eminent Domain, is the bible of the "ownership society" of the cowboy capitalists of the 21st century. It is also the bible of judges like Clarence Thomas and Antonio Scalia who have used Epstein's philosophy of takings to undo the Clean Water Act, the Endangered Species Act, and alter laws based on the public trust doctrine."

"One fact lay embedded in the center of the Clarence Thomas controversy: We have lost a great American jurist, Thurgood Marshall. No one can replace him. The very thought of replacing him insults the brilliance of his career and the exceptional humanity of his intelligence as he reflected upon our most extreme and consequential public debates. And yet someone new had to be appointed to take his seat. The President made his move. He nominated a man as different from Marshall as George Bush differs from Mahatma Gandhi. He nominated a man whose most striking characteristic seems to be that of satisfied self-hatred, a man whose public condemnation of his sister strikingly revealed his attitude toward the poor and the weak. For some, the issue became Black manhood or the sentimentalized biography of Clarence Thomas. They focused upon who the candidate was rather than what he has done and will do. This was identity politics taken to its lowest level. On the American Right, however, there was more clarity. Among those who detested Thurgood Marshall and who generally despise Black men there was a willingness to promote Clarence Thomas because Clarence Thomas was not the point: The point is to homogenize the Supreme Court. If someone with Black skin will serve that purpose, then fine! But we, the people, must not yield to judgment without representation. If we yield, there will be no justice. And without justice, believe me, there will be no peace."

"Lying takes the form of mass media creating the myth that feminist movement has completely transformed society, so much so that the politics of patriarchal power have been inverted and that men, particularly white men, just like emasculated black men, have become the victims of dominating women. So, it goes, all men (especially black men) must pull together (as in the Clarence Thomas hearings) to support and reaffirm patriarchal domination."

"No good comes from being in the woods."

"Human dignity has long been understood in this country to be innate. When the framers proclaimed in the Declaration of Independence that 'all men are created equal' and 'endowed by their Creator with certain unalienable Rights', they referred to a vision of mankind in which all humans are created in the image of God and therefore of inherent worth. That vision is the foundation upon which this nation was built. The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity, any more than they lost their humanity, because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away."

"In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property'. If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well."

"After Magna Carta became subject to renewed interest in the 17th century, William Blackstone referred to this provision as protecting the 'absolute rights of every Englishman'. And he formulated those absolute rights as 'the right of personal security', which included the right to life; 'the right of personal liberty'; and 'the right of private property'. He defined 'the right of personal liberty' as 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one’s own inclination may direct; without imprisonment or restraint, unless by due course of law'. The Framers drew heavily upon Blackstone's formulation, adopting provisions in early State Constitutions that replicated Magna Carta's language, but were modified to refer specifically to 'life, liberty, or property'. State decisions interpreting these provisions between the founding and the ratification of the Fourteenth Amendment almost uniformly construed the word 'liberty' to refer only to freedom from physical restraint. Even one case that has been identified as a possible exception to that view merely used broad language about liberty in the context of a habeas corpus proceeding—a proceeding classically associated with obtaining freedom from physical restraint."

"As used in the Due Process Clauses, 'liberty' most likely refers to 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct; without imprisonment or restraint, unless by due course of law'. That definition is drawn from the historical roots of the Clauses and is consistent with our Constitution’s text and structure. Both of the Constitution’s Due Process Clauses reach back to Magna Carta. Chapter 39 of the original Magna Carta provided ',No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land'. Although the 1215 version of Magna Carta was in effect for only a few weeks, this provision was later reissued in 1225 with modest changes to its wording as follows: 'No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers or by the law of the land'. In his influential commentary on the provision many years later, Sir Edward Coke interpreted the words 'by the law of the land' to mean the same thing as 'by due proces of the common law'."

"Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses."

"By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority. Petitioners argue that by enshrining the traditional definition of marriage in their State Constitutions through voter-approved amendments, the States have put the issue 'beyond the reach of the normal democratic process'. But the result petitioners seek is far less democratic. They ask nine judges on this Court to enshrine their definition of marriage in the Federal Constitution and thus put it beyond the reach of the normal democratic process for the entire Nation. That a 'bare majority' of this Court is able to grant this wish, wiping out with a stroke of the keyboard the results of the political process in over 30 States, based on a provision that guarantees only 'due process' is but further evidence of the danger of substantive due process."

"The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here."

"The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it."

"Tillman was from South Carolina, and as I hear the story he was concerned that the corporations, Republican corporations, were favorable toward blacks and he felt that there was a need to regulate them."

"Thanks to God's direct intervention, I had risen phoenixlike from the ashes of self-pity and despair, and though my wounds were still raw, I trusted that in time they, too, would heal."

"Perhaps the fires through which I had passed would have a purifying effect on me, just as a blast furnace burns the impurities out of steel."

"I had sworn to administer justice "faithfully and impartially." To do otherwise would be to violate my oath. That meant I had no business of imposing my personal views on the country. Nor did I have the slightest intention of doing so."

"As for the matter of my judicial philosophy, I didn't have one- and didn't want one. A philosophy that is imposed from without instead of arising organically from day-to-day engagement with the law isn't worth having. Such a philosophy runs the risk of becoming an ideology, and I'd spent much of my adult life shying away from abstract ideological theories that served only to obscure the reality of life as it's lived."

"The important thing was that I had never behaved inappropriately toward any woman, and I had no intention of letting my enemies hang that age-old charge of sexual impropriety around my neck. Those who wished only to exploit my past failings, not forgive them, would get no help from me."

"I recalled the ants I had watched as a child on the farm, building their 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. Would it, too, be kicked callously into dust?"

"Then, as always, I felt morally obligated to advocate our official position, even when it conflicted with my personal views."

"I was seized with a guilt that I knew would never leave me, and I knew I didn't deserve to be free of it. I hadn't quite reached the end of my rope, but I was close enough."

"An education is meaningless unless it equips students to have a better life."

"I could only choose between being an outcast and being dishonest."

"I could feel the golden handcuffs of a comfortable but unfulfilling life snapping shut on my wrists."

"I had manufactured artificial goals as a means of motivating myself, using my longing for money, cars, and other material possessions to create a false sense of purpose. They had worked on me like spoonfuls of sugar- a jolt of energy that soon faded, leaving behind the pangs of a deeper hunger. I had cut myself off from the transcendent hope of religion, and now a vast and frightening expanse of uncertainty lay before me."

"I knew that until I was ready to tell the truth as I saw it, I was no better than a politician- but I didn't know whether I would ever be brave enough to break ranks and speak my mind."

"Even then, though, I cared about people, not theories. I had no wish to spin individual cases into some grandiose, ideologically driven legal theory. I no longer believed in utopian solutions, or the cynical politicians who used them to sucker voters, claiming to care about the poor while actually exploiting them. Not only was I sure that such solutions were doomed to failure, but I also feared that once they failed, the resulting disillusionment would make matters even worse. Yet it was taken for granted in the seventies that the purveyors of these elaborate nostrums were doing the right thing, and anyone who dared to challenge their effectiveness was hooted down. That prospect intimidated me, especially when it came to racial matters."

"How often had he longed to hold us, hug us, grant our every wish, but held himself back for fear of letting us see his vulnerability, believing as he did that real love demanded not affection but discipline?"

"All I cared about was finding answers, no matter who had them. When, later on, I began to associate with conservatives, it was because their ideas were closer to mine than liberals' ideas, not because I saw myself as one of them. I'd already noticed that it was liberals, not conservatives, who were most likely to condescend to blacks, but I assumed, like the good radical I once was, that liberals and conservatives were simply two different breeds of snake, one stealthy, the other openly hostile."

"The popular political answers of the day, I saw, had hardened into dogma, making anyone who questioned them a heretic. Having turned my back on religion, I saw no reason to accept mere political opinions as gospel truth. Years later these same dogmatists would walk away from the wreckage of their failed policies, like children tossing aside a broken toy. But the victims they left behind were real people- my people."

"I often had occasion to remind myself in years to come that self-interest isn't a principle- it's just self-interest."

"The black people I knew came from different places and backgrounds- social, economic, even ethnic- yet the color of our skin was somehow supposed to make us identical in spite of our differences. I didn't buy it. Of course we had all experienced racism in one way or another, but did that mean that we had to think alike?"

"I began to suspect that Daddy had been right all along: the only hope I had of changing the world was to change myself first."

"Long after the fact, it occurred to me that this was a metaphor for life- blisters come before calluses, vulnerability before maturity- but not even the thickest of skins could have spared us the lash of Daddy's tongue."

"For a time we wondered why our real father didn't come and rescue us, but we had long since accepted our fate by the time we finally met him."

"Those incentives have made the legacy of this Courts public purpose test an unhappy one. In the 1950s, no doubt emboldened in part by the expansive understanding of public use this Court adopted in Berman, cities rushed to draw plans for downtown development. Of all the families displaced by urban renewal from 1949 through 1963, 63 percent of those whose race was known were nonwhite, and of these families, 56 percent of nonwhites and 38 percent of whites had incomes low enough to qualify for public housing, which, however, was seldom available to them. Public works projects in the 1950s and 1960s destroyed predominantly minority communities in St. Paul, Minnesota, and Baltimore, Maryland. In 1981, urban planners in Detroit, Michigan, uprooted the largely lower-income and elderly Poletown neighborhood for the benefit of the General Motors Corporation. Urban renewal projects have long been associated with the displacement of blacks; [i]n cities across the country, urban renewal came to be known as Negro removal. Over 97 percent of the individuals forcibly removed from their homes by the slum-clearance project upheld by this Court in Berman were black. Regrettably, the predictable consequence of the Court’s decision will be to exacerbate these effects."

"Something has gone seriously awry with this Court's interpretation of the Constitution."

"It's fascinating that people, there's so many people now who will make judgments based on what you look like. I'm black, so I'm supposed to think a certain way? I'm supposed to have certain opinions? I don't do that. You don't create a box and put people in and then make a lot of generalizations about them."

"A white person is free to think whatever they want to think, but a black person has to think a certain way. Why do you think I get in so much controversy? People have a model of what they think a black person should think."

"[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles."