[donaldscrankshaw] Donald: Clarence Thomas

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Posted by Donald:
Clarence Thomas
http://www.donaldscrankshaw.com/posts/1169698658.shtml


   This one's been floating around the blogosphere. In an article on
   Clarence Thomas, [1]Jan Greenburg argues that all the stereotypes of
   him being Scalia's lackey are wildly off target:

     From the beginning, Justice Thomas was an independent voice. His
     brutal confirmation hearings only enforced his autonomy, making him
     impervious to criticism from the media and liberal law professors.
     He'd told his story, and no one listened. From then on, he did not
     care what they said about him.
     Clarence Thomas, for example, is the only justice who rarely asks
     questions at oral arguments. One reason is that he thinks his
     colleagues talk too much from the bench, and he prefers to let the
     lawyers explain their case with fewer interruptions. But his
     silence is sometimes interpreted as a lack of interest, and friends
     have begged him to ask a few questions to dispel those suggestions.
     He refuses to do it. "They have no credibility," he says of
     critics. "I am free to live up to my oath."
     But the forcefulness and clarity of Justice Thomas's views, coupled
     with wrongheaded depictions of him doing Justice Scalia's bidding,
     created an internal dynamic that caused the court to make an
     unexpected turn in his first year. Justice O'Connor -- who sought
     ideological balance -- moved to the left. With the addition of
     Chief Justice John Roberts and Associate Justice Samuel Alito, the
     court now is poised to finally fulfill the hopes of the
     conservative movement. As George W. Bush told his legal advisers
     early in his presidency, he wanted justices in "the mold of Thomas
     and Scalia." Interestingly, on President Bush's marquee, Justice
     Thomas got top billing.

   It's an interesting article, and I look forward to seeing where the
   court goes next.

References

   1. http://online.wsj.com/article_email/SB116942562567883221-lMyQjAxMDE3NjI5MjQyMjI1Wj.html