Friday, May 8, 2009

The Left's Racist Double Standard on Souter/Thomas - UPDATED!

I wanted to share this New York Times piece with readers: "Souter’s Exit Opens Door for a More Influential Justice."

Justice David H. Souter, who is retiring in June, during his confirmation hearings in 1990.

It turns out that Justice David Souter leaves a middling record on the Supreme Court. In fact, Court-watchers are welcoming his replacement as a chance to appoint a larger personality on the court:

In replacing Justice Souter, President Obama will almost surely pick another liberal. But Mr. Obama may also consider Justice Souter as a kind of counterexample and choose a bigger and bolder figure, one who sets agendas, forges consensus and has a long-term vision about how to shape the law.

Legal scholars have praised Justice Souter’s care, candor and curiosity. But they have said that he is, by temperament and design, a low-impact justice devoted to deciding one case at a time, sifting through the facts and making incremental adjustments in legal doctrine to take account of them.

Other justices have had more impact, gaining influence through personal and intellectual persuasion.
It's amazing how Souter, a Republican appointee, has been spared the diabolical lynchmob attacks that Justice Clarence Thomas endured over the years. Both justices were appointed by George H.W. Bush. But Thomas is a black conservative. He's never been accorded even a shred of decency by the same kind of bigoted leftists who today look the other way when President Barack Obama guts the successful D.C. school voucher program (a program providing a chance for black kids to get a good education).

Justice Thomas released his autobiography in 2007,
My Grandfather's Son: A Memoir. ABC News ran an interview with him at the time. Note how Thomas eviscerates his racist Democratic attackers:


"People get bent out of shape about the fact that when I was a kid, you could not drink out of certain water fountains. Well, the water was the same. My grandfather always said that, 'The water's exactly the same.' But those same people are extremely comfortable saying I can't drink from this fountain of knowledge," Thomas says. "They certainly don't see themselves as being like the bigots in the South. Well, I've lived both experiences. And I really don't see that they're any different from them" ....

Thomas spoke at length about how his own experiences as a black conservative and a black justice prove his point. Because he was admitted to Yale Law School under affirmative action after graduating with honors from Holy Cross, he said people have questioned his qualifications and discounted his achievements. Even as a Justice, he says, people continue to believe he merely has "followed" Justice Scalia because a black man couldn't possibly hold those views or be smart enough to come up with them on his own.

"Give me a break. I mean this is part of the, you know, the black guy is supposed to follow somebody white. We know that," Thomas says. "Come on, we know the story behind that. I mean there's no need to sort of tip-toe around that. The story line was that, well I couldn't be doing this myself, he must be doing it for me because I'm black. That's obvious.

"Again, I go back to my point. Who were the real bigots? It's obvious," Thomas says [emphasis added].
The real bigots are the Democratic leftists who've given David Souter - who's scholarly but undistinguished - a free ride, while subjecting the formidable Justice Thomas to a 20-year lynching that only the left can give.

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UPDATE: See also, Michelle Malkin, "Smearing Jeff Sessions":

As we learned during the Clarence Thomas hearings, character assassination is the stock and trade of Democrats in the SCOTUS wars. Refresh your memories of how outrageously Ted Kennedy and companytried to beat Justice Alito over the head with the race card. Kennedy then attempted to paint Alito as hostile to women, while maintaining a membership at a club that bans women from membership. They have no shame.
Read the whole thing, here.

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UPDATE II: See Joseph Klein, "The Supreme Court Opinions of Clarence Thomas":

Supreme Court Justice Clarence Thomas has been a punching bag for the Left ever since his bruising confirmation hearings. Failing to derail his nomination with Anita Hill’s ambush of unsubstantiated sexual harassment charges, the Left has attacked Thomas ever since on everything from betraying his race to being a right-wing ideologue in the shadow of Justice Scalia. I have always thought that he was unfairly maligned during his confirmation hearings and that he has been given short shrift as an independent jurist who takes his constitutional responsibilities to interpret - not invent - the law seriously.

Now comes along a book that should make every one of Justice Thomas’s Leftist critics immediately apologize for their lies about him (which, no doubt, they are too cowardly and intellectually dishonest to do): The Supreme Court Opinions of Clarence Thomas, 1991-2006: A Conservative’s Perspective by Henry Mark Holzer. Mr. Holzer has written the definitive rebuke to Clarence Thomas’s detractors in the media, academia and the political elite. In doing so, he also provides an excellent survey of the history and current landscape of constitutional law for anyone generally interested in this subject.

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