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Encyclopedia > Clarence Thomas
Clarence Thomas
Clarence Thomas

Incumbent
Assumed office 
October 19, 1991
Nominated by George H. W. Bush
Preceded by Thurgood Marshall
Succeeded by Incumbent

Born June 23, 1948 (1948-06-23) (age 59)
Pin Point, Georgia
Spouse Kate Ambush Thomas (div.)
Virginia Lamp Thomas
Alma mater College of the Holy Cross
Yale University
Religion Roman Catholic

Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. He is the second African American to serve on the nation's highest court, after Justice Thurgood Marshall. Thomas's career in the Supreme Court has seen him take a conservative approach to cases while adhering to the postulates of originalism. Image File history File linksMetadata Clarence_Thomas_official. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Open seat redirects here. ... is the 292nd day of the year (293rd in leap years) in the Gregorian calendar. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ... George Herbert Walker Bush (born June 12, 1924) was the 41st President of the United States, serving from 1989 to 1993. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... is the 174th day of the year (175th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... Pin Point is a village in Chatham County, Georgia, eleven miles from Savannah, Georgia at 31°5711North, 81°533West. ... Virginia Lamp Thomas (born February 23, 1941) is the wife of United States Supreme Court Justice Clarence Thomas, and a consultant at the conservative public policy Washington, D.C. based research institute, the Heritage Foundation. ... Not to be confused with Holy Cross College (Indiana) or other similarly named Holy Cross Colleges. ... Yale redirects here. ... is the 174th day of the year (175th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... A Justice on the Supreme Court of the United States is nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ... An African American (also Afro-American, Black American, or simply black) is a member of an ethnic group in the United States whose ancestors, usually in predominant part, were indigenous to Africa. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Ths article deals with conservatism as a political philosophy. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ...

Contents

Personal life

Clarence Thomas was born in Pin Point, Georgia, a small community outside Savannah. His father abandoned his family when he was only two years old,[1] leaving his mother Leola Anderson to take care of the family. When Thomas was seven they went to live with his mother's father, Myers Anderson, in Savannah. He had a fuel oil business that also sold ice; Thomas often helped him make deliveries. Pin Point is a village in Chatham County, Georgia, eleven miles from Savannah, Georgia at 31°5711North, 81°533West. ... This section may require cleanup to meet Wikipedias quality standards. ... An oil tanker taking on bunker fuel. ...


His grandfather believed in hard work and self-reliance and would counsel him to "never let the sun catch you in bed in the morning." In 1975, when Thomas read Race and Economics by economist Thomas Sowell, he found an intellectual foundation for this philosophy.[1] The book criticized social reforms by government and instead argued for individual action to overcome circumstances and adversity. He was also influenced by Ayn Rand's bestselling book The Fountainhead, and would later require his staffers to watch the 1949 film version. The plot describes an architect's struggle to maintain his integrity against the forces of conformity, something Thomas could relate to his own career in the U.S. government.[1] Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Race and Economics is a book by Thomas Sowell, in which he makes three basic arguments. ... Thomas Sowell (born June 30, 1930), is an American economist, political writer, and commentator. ... Ayn Rand (IPA: , February 2 [O.S. January 20] 1905 – March 6, 1982), born Alisa Zinovyevna Rosenbaum (Russian: ), was a Russian-born American novelist and philosopher,[1] known for creating a philosophy she named Objectivism and for writing the novels We the Living, The Fountainhead, Atlas Shrugged and the... For the film, see The Fountainhead (film). ...


Raised Roman Catholic (he later attended an Episcopal church with his wife, but returned to the Church of Rome in the late 1990s), Thomas considered entering the priesthood, attending St. John Vianney's Minor Seminary on the Isle of Hope near Savannah and, briefly, Conception Seminary College, a Roman Catholic seminary in Missouri. Thomas told interviewers that he left the seminary (and the call for priesthood) after overhearing a student say "Good, I hope the SOB dies" when the other student had heard that Dr. Martin Luther King, Jr. had been shot. Catholic Church redirects here. ... This article is about the Episcopal Church in the United States. ... Catholic Church redirects here. ... Isle of Hope is a census-designated place (CDP) in Chatham County, Georgia, United States. ... Conception Abbey from 1908 postcard Conception Abbey in 2006 Conception Abbey is a Roman Catholic monastery of the Swiss-American Congregation of the Benedictine Confederation. ... Catholic Church redirects here. ... For the Ecuadorian artist, see Manuel Rendón Seminario. ... Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis[1] Area  Ranked 21st  - Total 69,709 sq mi (180,693 km²)  - Width 240 miles (385 km)  - Length 300 miles (480 km)  - % water 1. ... Martin Luther King redirects here. ...


In 1968, Clarence Thomas responded to a minority recruitment program and enrolled in the College of the Holy Cross, a Roman Catholic school in Worcester, Massachusetts.[citation needed] There he helped found the Black Student Union and graduated in 1971 with an A.B., cum laude in English. He then attended Yale Law School from which he received a Juris Doctor (J.D.) degree in 1974. To Dennis Prager, Judge Thomas has stated his opinion that, in his early career, his Yale law degree was not taken seriously by law firms to which he applied, who assumed that it was obtained because of affirmative action policies. [1] Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the Gregorian calendar. ... Not to be confused with Holy Cross College (Indiana) or other similarly named Holy Cross Colleges. ... Catholic Church redirects here. ... Liberal arts colleges in the United States are institutions of higher education in the United States which are primarily liberal arts colleges. ... Nickname: Location in Massachusetts Coordinates: Country United States State Massachusetts County Worcester County Settled 1673 Incorporated 1684 Government  - Type Council-manager also known as Plan E  - City Manager Michael V. OBrien  - Mayor Konstantina B. Lukes  - City Council Dennis L. Irish Michael C. Perotto Joseph M. Petty Gary Rosen Kathleen... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... A B.A. issued from the University of Tennessee. ... Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... “J.D.” redirects here. ... Year 1974 (MCMLXXIV) was a common year starting on Tuesday (link will display full calendar) of the 1974 Gregorian calendar. ... Dennis Prager (born August 2, 1948) is an American syndicated radio talk show host, columnist, author, ethicist, and public speaker. ...


Thomas has one child, Jamal Adeen, from his first marriage. This marriage, to Kate Ambush, lasted from 1971 until their 1984 divorce. Thomas married Virginia Lamp in 1987. After Thomas' nephew was convicted of pointing a pistol at another person in 1997, he gave permission for Thomas to take custody of his son, who was six years old at the time.[2] This article is about the year. ... Virginia Lamp Thomas (born February 23, 1941) is the wife of United States Supreme Court Justice Clarence Thomas, and a consultant at the conservative public policy Washington, D.C. based research institute, the Heritage Foundation. ... Year 1987 (MCMLXXXVII) was a common year starting on Thursday (link displays 1987 Gregorian calendar). ... For the band, see 1997 (band). ...


Since joining the Supreme Court, Thomas requested an annulment of his first marriage from the Roman Catholic Church, which was granted by the Tribunal of the Roman Catholic Diocese of Arlington. He was reconciled to the Church in the mid-1990s and remains a practicing Roman Catholic. Annulment is a legal procedure for declaring a marriage null and void. ... Catholic Church redirects here. ...


In 1994, Thomas performed, at his home, the wedding ceremony for radio host Rush Limbaugh's third marriage, to Marta Fitzgerald.[3] Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ... For other uses, see Limbaugh. ...


As his wife grew up in Nebraska and attended college there, Thomas is an avid Nebraska Cornhuskers fan who attends Husker football games, and in 2007 met with the 2006 National Championship Husker Volleyball team, telling them he bled Husker red.[4][5] The Nebraska Cornhuskers (often abbreviated to Huskers) is the name given to several sports teams of the University of Nebraska–Lincoln. ...


Early career

Official Equal Employment Opportunity Commission portrait of Thomas
Official Equal Employment Opportunity Commission portrait of Thomas

From 1974 to 1977, Thomas was an Assistant Attorney General of Missouri under then State Attorney General John Danforth. When Danforth was elected to the U.S. Senate in 1976 to 1989, Thomas left to become an attorney with Monsanto in St. Louis, Missouri. He returned to work for Danforth from 1979 to 1981 as a Legislative Assistant. Both men shared a common bond in that both had studied to be ordained (although Thomas was Roman Catholic and Danforth was ordained Episcopalian). Danforth was to be instrumental in championing Thomas for the Supreme Court. Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis[1] Area  Ranked 21st  - Total 69,709 sq mi (180,693 km²)  - Width 240 miles (385 km)  - Length 300 miles (480 km)  - % water 1. ... John Danforth John Claggett Danforth (born September 5, 1936), also referred to as Jack Danforth, is a former United States Ambassador to the United Nations and former Republican United States Senator from Missouri. ... The Monsanto Company (NYSE: MON) is a multinational agricultural biotechnology corporation. ... Nickname: Location in the state of Missouri Coordinates: , Country State County Independent City Government  - Mayor Francis G. Slay (D) Area  - City  66. ...


In 1981, he began his rise through the Reagan administration. From 1981 to 1982, he served as Assistant Secretary of Education for the Office of Civil Rights in the US Department of Education ("ED"), and as Chairman of the US Equal Employment Opportunity Commission ("EEOC") from 1982 to 1990. Reagan redirects here. ... The United States Assistant Secretary of Education for Civil Rights is the he head of the Office for Civil Rights (OCR) of the United States Department of Education. ... The United States Department of Education was created in 1979 (by PL 96-88) as a Cabinet-level department of the United States government, and began operating in 1980. ... The Equal Employment Opportunity Commission, or EEOC, is a United States federal agency tasked with ending employment discrimination in the United States. ...


In 1990, President George H.W. Bush appointed Thomas to the United States Court of Appeals for the District of Columbia Circuit. Order: 41st President Vice President: Dan Quayle Term of office: January 20, 1989 – January 20, 1993 Preceded by: Ronald Reagan Succeeded by: Bill Clinton Date of birth: June 12, 1924 Place of birth: Milton, Massachusetts First Lady: Barbara Pierce Bush Political party: Republican George Herbert Walker Bush, KBE (born... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ...


Supreme Court appointment

Main article: Clarence Thomas Supreme Court nomination

On July 2, 1991 President George H.W. Bush nominated Thomas to replace Thurgood Marshall who had recently announced his retirement.[6] Marshall had been the only African American justice on the court. The selection of Thomas preserved the existing racial balance of the court, but it was seen as likely to move the ideological balance to the right. On July 2, 1991 President George H.W. Bush nominated Clarence Thomas to the Supreme Court of the United States of America to replace Thurgood Marshall who had recently announced his retirement. ... is the 183rd day of the year (184th in leap years) in the Gregorian calendar. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ... Order: 41st President Vice President: Dan Quayle Term of office: January 20, 1989 – January 20, 1993 Preceded by: Ronald Reagan Succeeded by: Bill Clinton Date of birth: June 12, 1924 Place of birth: Milton, Massachusetts First Lady: Barbara Pierce Bush Political party: Republican George Herbert Walker Bush, KBE (born... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ...


American Bar Association's (ABA) rating for Judge Thomas was split between "qualified" and "not qualified." The ABA, however, has no official standing in the nomination or confirmation process. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...


Liberal organizations including the NAACP, the Urban League and the National Organization for Women opposed the appointment based on Thomas's criticism of affirmative action and suspicions that Thomas might not be a supporter of the Supreme Court judgment in Roe v. Wade. Under questioning during confirmation hearings, Thomas repeatedly asserted that he had not formulated a position on the Roe decision.[7] The National Association for the Advancement of Colored People (NAACP), is one of the oldest and most influential hate organizations in the United States. ... National Urban League Logo The National Urban League is a non-profit, nonpartisan, civil rights and community-based movement that advocates on behalf of Black Americans and against racial discrimination. ... The National Organization for Women (NOW) is an American feminist group, founded in 1966, which claims a membership of 500,000 members (which is disputed)[1] [2] and 550 chapters in all 50 U.S. states and the District of Columbia. ... This box:      Affirmative actionrefers to policies intended to promote access to education or employment aimed at a historically socio-politically non-dominant group (typically, minorities or women). ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ...


Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur. One such statement came from activist Florence Kennedy at a July 1991 conference of the National Organization for Women in New York City. Making reference to the failure of Robert Bork's nomination, she said of Thomas, "We're going to 'bork' him."[8] New York, New York and NYC redirect here. ... Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ...


The term has since become a part of the American political lexicon. Liberals have generally used the term to mean defeating conservative nominees for allegedly being "out of the judicial mainstream"; conservatives, conversely, use it to describe what they consider unscrupulous tactics to derail the nominations of nominees unacceptable to left-leaning interest groups.


Anita Hill controversy

Toward the end of the confirmation hearings NPR's Supreme Court correspondent Nina Totenberg reported that a former colleague of Thomas, University of Oklahoma law school professor Anita Hill, had accused him of sexually harassing her when the two had worked together at the DOE and EEOC based on a leaked Judiciary committee FBI report.[citation needed] NPR logo For other meanings of NPR see NPR (disambiguation) National Public Radio (NPR) is a private, not-for-profit corporation that sells programming to member radio stations; together they are a loosely organized public radio network in the United States. ... Nina Totenberg (born January 14, 1944) is National Public Radios legal affairs correspondent. ... University of Oklahoma, abbreviated OU, is a coeducational public research university located in the U.S. state of Oklahoma founded in 1890. ... For other persons with this name, see Anita Hill (disambiguation). ...


The hearings were notable for their sexually explicit content, particularly Senator Orrin Hatch's (R-UT) questions [D]id you ever say in words or substance something like there is a pubic hair in my Coke? and Did you ever use the term Long Dong Silver in conversation with Professor Hill? (Thomas firmly denied having said either, as well as denying having seen The Exorcist, in which Jack MacGowran's character says at a party, There seems to be an alien pubic hair in my drink.) Also, Angela Wright, who worked with Thomas at the EEOC, told the Senate Judiciary Committee that Thomas had repeatedly made comments to her, much like those he allegedly made to Hill, pressuring her for dates, commenting on her body, etc. As chair of the Judiciary Committee, Sen. Joseph Biden decided against publicly hearing Wright's testimony. Another former Thomas assistant, Sukari Hardnett, made further damaging charges against him. Although Hardnett made it clear she was not accusing Thomas of sexual harassment, she provided the Judiciary Committee with sworn testimony that "if you were young, black, female, reasonably attractive and worked directly for Clarence Thomas, you knew full well you were being inspected and auditioned as a female." Orrin Grant Hatch (born March 22, 1934) is a Republican United States Senator from Utah, serving since 1977. ... Pubic hair is hair in the frontal genital area, the crotch, and sometimes at the top of the inside of the legs; these areas form the pubic region. ... The wave shape (known as the dynamic ribbon device) present on all Coca-Cola cans throughout the world derives from the contour of the original Coca-Cola bottles. ... This article does not cite any references or sources. ... The Exorcist is a horror novel written by William Peter Blatty first published in 1971. ... Jack MacGowran Jack MacGowran, (October 13, 1918 - January 31, 1973) was an Irish-born character actor. ...


Of the Committee's investigation of Hill's accusations, Thomas said: This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather than hung from a tree.[9]


After extensive debate, the Committee sent the nomination to the full Senate without a recommendation either way. Thomas was confirmed by the Senate with a 52-48 vote on October 15, 1991, the narrowest margin for approval in more than a century[10]. The final floor vote was not along strictly party lines: 41 Republicans and 11 Democrats voted to confirm while 46 Democrats and 2 Republicans (Jim Jeffords (R-VT) and Bob Packwood[11] (R-OR)) voted to reject the nomination. is the 288th day of the year (289th in leap years) in the Gregorian calendar. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ... For other persons named Jim Jeffords, see Jim Jeffords (disambiguation). ... Robert William Bob Packwood (born September 11, 1932) is an American politician from Oregon and a member of the Republican Party. ...


On October 23, 1991 Thomas took his seat as the 106th Associate Justice of the Supreme Court. is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ...


Judicial philosophy

Clarence Thomas being sworn in by Byron White, as wife Virginia Lamp Thomas looks on.

Clarence Thomas is a conservative who admits to having some "libertarian leanings."[12] Thomas is often described as an originalist. Although he has been often compared with Antonin Scalia, he is less devoted to precedent than Scalia, who told Thomas' biographer that Thomas "doesn't believe in stare decisis, period. If a constitutional line of authority is wrong, he would say let's get it right."[13] In Elk Grove Unified School District v. Newdow and Cutter v. Wilkinson, Thomas argued that the Establishment Clause was not incorporated to states by the Fourteenth Amendment, directly challenging the precedent Everson v. Board of Education. He has advocated the reversal of Roe v. Wade, joining the dissenting opinion in Planned Parenthood v. Casey, and writing the concurrence in Gonzales v. Carhart. Justice Thomas' judicial philosophy is most similar to Justice Scalia's. He voted with Scalia 91% of the time during the court's '06-'07 session. [14] He voted with Justice John Paul Stevens the least, only 36% of the time. [15] Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... Virginia Lamp Thomas (born February 23, 1941) is the wife of United States Supreme Court Justice Clarence Thomas, and a consultant at the conservative public policy Washington, D.C. based research institute, the Heritage Foundation. ... The Framers sign the Constitution in 1788. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ... Holding A noncustodial parent did not have standing in federal court to allege that his childs school violated the Establishment Clause by leading students in the recital of the phrase one nation, under God in the Pledge of Allegiance. ... Holding Court membership Case opinions Laws applied U.S. Const. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Holding The Establishment Clause of the First Amendment is incorporated against the states. ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ... The majority of information on this page is speculative. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ...


Commerce Clause and States' Rights

Thomas consistently supports a strict interpretation of the Constitution's interstate commerce clause and supports limits on the power of federal government in favor of states' rights. In both United States v. Lopez and United States v. Morrison Thomas wrote a separate concurring opinion arguing for the original meaning of the commerce clause and criticizing the substantial effects formula. He wrote a sharply worded dissent in Gonzales v. Raich, a decision that permitted federal government to arrest, prosecute, and imprison patients who were using medical marijuana. However, he previously authored United States v. Oakland Cannabis Buyers' Cooperative, an earlier case that also permitted the federal government to inspect medical marijuana dispensaries (the Oakland case dealt with the issue of medical necessity rather than federalism). In his Gonzales v. Carhart concurrence, he intimated that the Partial-Birth Abortion Ban Act might have been beyond Congress' authority to enact under the commerce clause.[citation needed] Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... A federal government is the common government of a federation. ... States rights refers to the idea, in U.S. politics and constitutional law, that U.S. states possess certain rights and political powers in relation to the federal government. ... Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... Holding The Violence Against Women Act of 1994, 42 U.S.C. § 13981, is unconstitutional as exceeding congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution. ... Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... For other uses, see Arrest (disambiguation). ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... A prison is a place in which people are confined and deprived of a range of liberties. ... Cannabis sativa extract. ... Holding There is no medical necessity defense to a charge under the Controlled Substances Act, 21 U.S.C. § 841 et seq. ... Medical necessity is generally considered that which is reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. ... The majority of information on this page is speculative. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ...


Capital punishment

Similarly to Justice Scalia, Thomas takes a narrow view of the substantive limitations imposed by the Constitution on the use of capital punishment; he was among the dissenters in both Atkins v. Virginia and Roper v. Simmons, which held that the Constitution prohibited the application of the death penalty to certain classes of persons. In Kansas v. Marsh, his opinion for the court indicated a belief that the Constitution affords states broad procedural latitude in imposing the death penalty provided they remain within the limits of Furman v. Georgia and Gregg v. Georgia (the 1976 case in which the court had reversed its 1972 ban on death sentences as long as states followed certain procedural guidelines). Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Holding A Virginia law allowing the execution of mentally handicapped individuals violated the Eighth Amendments prohibition of cruel and unusual punishments. ... Holding The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. ... Holding The Eighth Amendment did not prohibit states from imposing the death penalty when mitigating and aggravating sentencing factors were in equipose. ... Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. ... Year 1972 (MCMLXXII) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ...


Fourth Amendment

In the cases regarding the Fourth Amendment, which prohibits unreasonable searches and seizures, Thomas often favors law enforcement over defendants, although not always—he was in the majority in Kyllo v. United States and wrote separately in Indianapolis v. Edmond the opinion that the Constitution does not allow random stops of drivers. His opinion for the court in Board of Education v. Earls upheld drug testing for students involved in extracurricular activities, and wrote again for the court in Samson v. California, permitting random searches on parolees. He dissented in the case Georgia v. Randolph, which prohibited warrantless searches that one resident approves and the other opposes, arguing that the case was controlled by the court's decision in Coolidge v. New Hampshire. The Bill of Rights in the National Archives. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... For the band, see The Police. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... In Danny Lee Kyllo v. ... Holding Police may not conduct roadblocks whose primary purpose is to detect evidence of ordinary criminal wrongdoing. ... Holding Coercive drug testing imposed by school district upon students who participate in extracurricular activities does not violate the Fourth Amendment. ... Holding The Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee. ... It has been suggested that Medical parole be merged into this article or section. ... Holding In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him. ...


Free speech

Among Supreme Court Justices, Thomas is typically the second most likely to uphold free speech claims.[16] He has voted in favor of First Amendment claims in cases involving a wide variety of issues, including pornography, campaign contributions, political leafletting, religious speech, and commercial speech. On occasion, however, he disagrees with free speech claimants. For example, he dissented in Virginia v. Black, a case that struck down a Virginia statute that banned cross-burning, and authored ACLU v. Ashcroft, upholding the Child Online Protection Act. In addition, Thomas does not believe that students possess any right to free speech in public schools, a view he expressed in his concurrence in Morse v. Frederick. In that case, he argued that the precedent of Tinker v. Des Moines should be overruled. “First Amendment” redirects here. ... , a First Amendment case decided in the Supreme Court in 2003, created a new category of restrictable speech: the true threat, where inquiry hinges not on the speaker’s intent but on the perception of the listener in question. ... Holding The Court found provisions of the Child Online Protection Act (COPA) to be in violation of the free speech clause in the First Amendment. ... The Child Online Protection Act[1] (COPA)[2] is a law in the United States of America, passed in 1998 with the declared purpose of protecting children from harmful sexual material on the internet. ... Holding Because schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick. ... Holding The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. ...


Executive power

Thomas has a favorable view toward the power of the executive branch. He was the only justice that agreed all arguments of the Bush administration in Hamdi v. Rumsfeld. He also dissented in Hamdan v. Rumsfeld, which held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay "violate both the UCMJ and the four Geneva Conventions...."[17] The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... For the case involving a United States citizen, see Hamdi v. ... Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ... The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation center under the leadership of Joint Task Force Guantanamo (JTF-GTMO), has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since 2002. ... The Uniform Code of Military Justice (UCMJ), the foundation of military law in the United States, consists of Title 10, Chapter 47 of the United States Code. ... Original document. ...


Approach to oral arguments

Thomas is well-known for listening rather than actively asking questions during oral arguments of the Court. He has offered several reasons for this, the most strongly supported of which is that he developed a habit of listening as a young man. Thomas comes from the Gullah/Geechee cultural region of coastal Georgia and is a member of this distinct African American ethnic group; he grew up speaking the Gullah language, which is a hybrid of English and various West African languages. Later in life, Thomas began to acquire an enthusiasm for his heritage, writing about it in the December 14, 2000 issue of The New York Times: This article or section does not cite its references or sources. ... The Gullah language (Sea Island Creole English, Geechee) is a creole language spoken by the Gullah people (also called Geechees), an African American population living on the Sea Islands and the coastal region of the U.S. states of South Carolina and Georgia. ... is the 348th day of the year (349th in leap years) in the Gregorian calendar. ... Year 2000 (MM) was a leap year starting on Saturday (link will display full 2000 Gregorian calendar). ... The New York Times is a daily newspaper published in New York City and distributed internationally. ...

"When I was 16, I was sitting as the only black kid in my class, and I had grown up speaking a kind of a dialect. It's called Geechee. Some people call it Gullah now, and people praise it now. But they used to make fun of us back then. It's not standard English. When I transferred to an all-white school at a young age, I was self-conscious, like we all are... So I...just started developing the habit of listening."[18]

Thomas has stated that he wishes to write a book about the culture.[19]


Another theory, asserted by one set of Thomas biographers, is that Justice Thomas believes oral arguments are mostly unnecessary, and that the back-and-forth in oral arguments is often disrespectful to the attorneys trying to present their cases. (This view has been supported by Ann Scarlett, Professor at the Saint Louis University School of Law, who was one of his law clerks.)[20] The same biographers also theorize Thomas is uncomfortable in the rapid pacing of oral argument discussions, the supposition being he prefers a more cerebral, quieter environment in which to carefully contemplate matters of constitutional law.[21]


Though Thomas is silent during most arguments before the Supreme Court, he has spoken a few times each term.[22] During the oral argument for NASA v. FLRA,[23] Thomas engaged in a seven-minute-long question and answer exchange with one advocate[24]—it is unheard of in recent years for this to happen without interruption by another justice.[citation needed] In Apprendi v. New Jersey (2000), Thomas raised an issue which would become important in the opinions ("the distinction . . . between an element of the offense and an enhancement factor"). In Capitol Square Review Board v. Pinette[25] (1995), Virginia v. Black (2003), and Georgia v. Randolph (2006), Thomas presaged his eventual dissent with comments at oral argument. Apprendi v. ... , a First Amendment case decided in the Supreme Court in 2003, created a new category of restrictable speech: the true threat, where inquiry hinges not on the speaker’s intent but on the perception of the listener in question. ... Holding In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him. ...


Bibliography

  • Thomas, Clarence (2007). My Grandfather's Son: A Memoir, Harper, ISBN 0-06-056555-1.

HarperCollins is a publishing company owned by News Corporation. ...

References

  1. ^ a b c Merida K, Fletcher M, "Supreme Discomfort", Washington Post Magazine, August 4, 2002. Accessed May 7, 2007.
  2. ^ Washington Post
  3. ^ NYT Chronicle Article, 5/30/94
  4. ^ Columbus Telegram
  5. ^ Rush Limbaugh, Rush Recounts His Trip to Lincoln, www.rushlimbaugh.com, September 17, 2007.
  6. ^ New York Times
  7. ^ It is routine for nominees, at all levels of the Federal judiciary, to refuse to discuss cases during their confirmation hearings that might come before them if they are confirmed. Clinton appointed Associate Justices Ruth Bader Ginsburg and Steven Breyer both refused to discuss Roe before the Judiciary Committee, even though Ginsburg has worked for years for the ALCU defending it. Despite this nearly universal refusal of nominees to discuss hot button issues such as Roe, members of the Senate Judiciary Committee nearly always try to draw the nominee's view out during confirmation hearings.
  8. ^ Wall Street Journal's Opinion Journal
  9. ^ Hearing of the Senate Judiciary Committee on the Nomination of Clarence Thomas to the Supreme Court, Electronic Text Center, University of Virginia Library, October 11, 1991.
  10. ^ Hall, Kermit (ed), The Oxford Companion to the Supreme Court of the United States, page 871, Oxford Press, 1992
  11. ^ Packwood himself would later be forced to resign from the Senate in the face accusations of sexual harassment, abuse and assault by numerous former staffers and lobbyists.
  12. ^ Kauffman B., "Clarence Thomas", Reason Magazine, November 1987, Accessed May 7, 2007.
  13. ^ "A Big Question About Clarence Thomas", The Washington Post, October 14, 2004. Accessed May 7, 2007.
  14. ^ Greenhouse, Linda."In Steps Big and Small, Supreme Court Moved Right", New York Times, July 1, 2007.
  15. ^ Greenhouse, Linda."In Steps Big and Small, Supreme Court, Moved Right", New York Times, July 1, 2007.
  16. ^ Volokh, Eugene. How the Justices Voted in Free Speech Cases, 1994-2002, UCLA Law
  17. ^ Hamdan v. Rumsfeld, Supreme Court Syllabus, pg. 4., point 4.
  18. ^ Linguistics
  19. ^ Gullah
  20. ^ This information was related in a 2006 conversation with law student Daren Rich, when asked why Justice Thomas was often silent during oral arguments.
  21. ^ Blog
  22. ^ New York Times
  23. ^ 527 U.S. 229 (1999)
  24. ^ Oral Argument
  25. ^ 515 U.S. 753

William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Robert William Bob Packwood (born September 11, 1932) is an American politician from Oregon and a member of the Republican Party. ...

Sources

  • Brock, David (1994). The Real Anita Hill, Touchstone, ISBN 0-02-904656-4
  • Brooks, Roy L. Structures of Judicial Decision Making from Legal Formalism to Critical Theory
  • Carp, Dylan (1998, September). Out of Scalia's Shadow. Liberty.
  • Edward Shills and Max Rheinstien, Max Weber on Law in Economy and Society
  • Foskett, Ken (2004). Judging Thomas: The Life and Times of Clarence Thomas, William Morrow, ISBN 0-06-052721-8
  • Lazarus, Edward (2005, Jan. 6). Will Clarence Thomas Be the Court's Next Chief Justice? FindLaw.
  • Mayer, Jane, and Jill Abramson (1994). Strange Justice: The Selling of Clarence Thomas, Houghton Mifflin Company, ISBN 0-452-27499-0
  • Onwuachi-Willig, Angela (2005). Just Another Brother on the SCT?: What Justice Clarence Thomas Teaches Us About the Influence of Racial Identity. Iowa Law Review, 90.
  • Presser, Stephen B. (2005, Jan.-Feb.) Touting Thomas: The Truth about America's Most Maligned Justice. Legal Affairs.
  • Thomas, Andrew Peyton (2001). Clarence Thomas: A Biography, Encounter Books, ISBN 1-893554-36-8
  • Supreme Court official biography (PDF format)
  • Supreme Discomfort
  • An Outline of the Anita Hill and Clarence Thomas Controversy
  • U.S. Supreme Court Multimedia
  • Transcripts of Senate Judiciary Committee Hearing on the Nomination of Clarence Thomas to the Supreme Court
  • A Conversation with Justice Thomas
  • "So, Guy Walks Up to the Bar, and Scalia says..."
  • The Justice Thomas Appreciation Page

David Brock b. ... Liberty is a leading libertarian journal founded in 1987 by R. W. Bradford (who was the magazines publisher and editor until his death from cancer in 2005) in Port Townsend, Washington, and currently edited from San Diego by Stephen Cox. ... Edward Lazarus is a law professor and practitioner in the Los Angeles area. ... FindLaw. ... “PDF” redirects here. ...

External links

Wikiquote has a collection of quotations related to:
Clarence Thomas
  • Clarence Thomas Speaks Out BusinessWeek
  • Entry on Clarence Thomas by John P. Vanzo in The New Georgia Encyclopedia
  • 23 June 2007 59th Birthday Commemoration Article "Clarence Thomas . . . My Friend" by Ellis Washington in WorldNetDaily.com
  • 2007 City Journal article on Thomas
  • 2007 interview in BusinessWeek
  • October 11, 1991 evening session of U.S. Supreme Court confirmation hearings.
  • Overview of Personal Memoir
  • Biography of Clarence Thomas - Cornell Law School
  • Washington Post article about Thomas
Preceded by
Robert Bork
Judge of the U.S. Court of Appeals for the D.C. Circuit
1990-1991
Succeeded by
Judith Ann Wilson Rogers
Preceded by
Thurgood Marshall
Associate Justice of the Supreme Court of the United States
October 18, 1991 – present
Incumbent
Preceded by
David Souter
United States order of precedence
as of 2007
Succeeded by
Ruth Bader Ginsburg
Judicial opinions of Clarence Thomas
U.S. Court of Appeals for the D.C. Circuit (March 6, 1990 - October 17, 1991)
(organized by calendar year)
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Supreme Court of the United States (October 18, 1991 - present)
(organized by term)
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The Rehnquist Court Seal of the U.S. Supreme Court
William Hubbs Rehnquist (19862005)
1991–1993: B. White | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas
1993–1994: H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg
1994–2005: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
The Roberts Court
John Glover Roberts, Jr. (2005-present)
2005–2006: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
2006–present: J.P. Stevens | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer | S. Alito
Persondata
NAME Thomas, Clarence
ALTERNATIVE NAMES
SHORT DESCRIPTION American jurist and Associate Justice of the Supreme Court of the United States
DATE OF BIRTH June 23, 1948
PLACE OF BIRTH Pin Point, Georgia
DATE OF DEATH
PLACE OF DEATH

  Results from FactBites:
 
The religion of Clarence Thomas, Supreme Court Justice (1456 words)
Clarence Thomas was also raised by a Seventh-day Adventist grandmother and for many years attended the Seventh-day Adventist Church.
At the time Justice Clarence Thomas was confirmed in 1991, he said that despite having been raised Catholic and having spent several years in a seminary, he was not a practicing Catholic.
Thomas was born to a Baptist family near Savannah, Ga., but attended Catholic schools, joined the church and began studies for the priesthood.
justiceshp.htm (1826 words)
CLARENCE THOMAS was born June 23, 1948, in Pin Point, Georgia, an enclave of 500 inhabitants south of Savannah on the Moon River.
Clarence’s father abandoned the family when he was two and his mother was pregnant with her third child.
Thomas was the lone dissenter in the vote, preferring, as he later explained, to "profit from the experience by learning to associate [with] and understand the white majority." Thomas gave in, but brought his white roommate from the previous year to live with him.
  More results at FactBites »

 
 

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