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Justice Thomas: How Much Difference Will He Make?
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19696 |
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Section : |
CURRENT ISSUES
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| Issue
Date : |
9 / 1991 |
2,705 Words |
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Eugene W. Hickok, Jr.
Eugene W. Hickok, Jr., is associate professor of political
science at Dickinson College and adjunct professor of law at
Dickinson School of Law. From September 1990 through July
1991, he served as Bradley Resident Scholar at the Heritage
Foundation in Washington, D.C. |
The nomination of Clarence Thomas to be an associate justice of the U.S. Supreme Court has touched off the sort of political gamesmanship that has come to surround Supreme Court politics since the Robert Bork debacle. For the remainder of the summer, liberals and conservatives will spend hours studying Thomas' record, dissecting his past and charting strategies based upon what they find.
The initial reaction to President Bush's nomination of Thomas was somewhat restrained. The retirement of Thurgood Marshall had caught most politicians and Court-watchers by surprise, and had surprised the Bush administration as well. Marshall's announcement was followed, as might be anticipated, with celebrations of the justice's achievements and speculations about possible replacements.
For the few days that elapsed between Marshall's announcement and Thomas' nomination, names of potential nominees floated around Washington. The list included many familiar names: Edith Jones of the 5th U.S. Circuit Court of Appeals, Solicitor General Ken Starr, and Laurence Silberman of the D.C. Circuit Court of Appeals. But some new names also appeared on the list--Clarence Thomas, as well as Judges Garza and Hinohoza--suggesting that the president might indeed decide to seek a qualified minority for the Court.
While President Bush spent a weekend in Maine, Judges Thomas and Garza met with Justice Department officials in Washington. On Monday, Thomas was flown to Kennebunkport to meet with the president and stand at his side as the announcement of his nomination was made. The entire selection process took fewer than four days.
The speed with which the administration worked to nominate a replacement for Marshall says two things: A judicial selection system is well established in the administration in anticipation of just this sort of surprise announcement, and Clarence Thomas was always high on the list of possible replacements for Marshall. While the president may not have been expecting Thurgood Marshall to retire, he was certainly prepared for it.
A Role Model
Clarence Thomas presents something of an enigma to both liberals and conservatives. His record as a judge is limited, since he was appointed by President Bush in March 1990. His tenure as chairman of the Equal Employment Opportunity Commission (EEOC), which lasted from 1982 through 1990, was marked by
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