His angry memoirs don't escape the fact that he "carries water" (as Olbermann likes to say) for the Scalia and the conservative right.
And then there's this comment from the WashPo article:
Quote:
... that Hill was the tool of liberal activist groups "obsessed" with abortion and outraged because he did not fit their idea of what an African American should believe.
He's dead wrong if he thinks people wanted him to be a certain type of African American. No, we didn't want a lightly experienced, conservative justice who didn't deserve to sit in a post that required better moral character.
I think people have more to fear out of the opinions that he's carried in the SC. He also needs to examine what Scalia said about him and the Thomas view of
"Stare decisis".
(Crud, at one time GWB has considered Thomas for the court's highest post.)Quote:
...
The proof is in 35 lone Thomas opinions that express a willingness to reexamine a breathtaking range of well-settled constitutional law. A little-known but telling example is a 1998 opinion by Thomas that expresses a willingness to reexamine the court's opinion in Calder v. Bull, which decided that the Constitution's prohibition against retroactive punishments applies only to criminal (not civil) laws. Regardless of what one thinks of the merits of the case, it is a unanimous 1798 opinion by the court that has not been seriously challenged in more than 200 years. It is the dictionary definition of established case law.
Far better known is Thomas's concurrence in United States v. Lopez, where, alone among the justices, he expressed a willingness to reexamine fundamental aspects of the court's jurisprudence under the Commerce Clause of the Constitution. This clause -- granting Congress the authority to regulate commerce "among the several states" -- is the principal power used by the federal government to protect civil rights, worker safety and the environment. Thomas's views, if adopted by the court, would call into question fundamental statutes in all these areas. As Justice Anthony M. Kennedy noted in a separate opinion, "the Court as an institution and the legal system as a whole have an immense stake in the stability of our Commerce Clause jurisprudence as it has evolved to this point. Stare decisis operates with great force in counseling us not to call in question the essential principles now in place respecting the congressional power to regulate transactions of a commercial nature."
Reading a Thomas opinion can feel like hitting 100 mph on a deserted highway: thrilling (or terrifying, depending on your perspective) but still a bad idea. The excitement of approaching every constitutional question anew comes at the cost of a stab to our constitutional tradition. No president should accept this trade-off.