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Tuesday, February 27, 2007
Thomas Sowell :: Townhall.com Columnist
High Court and Low Politics
by Thomas Sowell
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The late Senator Daniel Patrick Moynihan said that you are entitled to your own opinion but not to your own facts. However, many on the political left act as if they are entitled to their own facts -- and especially the "fact" that those who oppose their ideas are either intellectually or morally inferior.

In other words, you cannot oppose "diversity," gun control, global warming, or gay marriage unless there is something wrong with you. No hard evidence is necessary to support this conclusion. Indeed, no hard evidence can change this conviction.

No one has been denigrated and demonized by this mindset more than Supreme Court Justice Clarence Thomas. The charge has been endlessly repeated that he is "not qualified" -- with no evidence being offered or asked for.

His outstanding academic record in college, his graduation from one of the top law schools in the country, his experience as an attorney both in government and in the corporate world, his years of heading a federal agency, and his service as a judge on the most influential federal circuit court in the country count for nothing, as far as the left is concerned.

Many, if not most, Supreme Court justices have not had as good a record of qualifications. But Clarence Thomas is considered "unqualified" because the left cannot accept his qualifications without a major shock to their whole vision of the world -- and of themselves.

A recent book on the Supreme Court in general has a chapter on Justice Thomas that devastates what has been said about him in the media. That book is "Supreme Conflict" by Jan Crawford Greenburg.

What will come as a shock to many who read this fact-filled book is that the picture of Justice Thomas as a blind follower of Justice Antonin Scalia, with whom he often votes, is completely different from the reality.

Notes made by Justice Harry Blackmun during discussions of issues among the justices make it clear that from day one Clarence Thomas staked out his own position on issues, even when all eight of his senior colleagues took the opposite position.

Often it was Justice Thomas whose arguments won over Justice Scalia and Chief Justice Rehnquist -- and sometimes enough others for a majority.

That much of this information came from notes made during judicial conferences by the late Harry Blackmun, whose views were antithetical to those of Clarence Thomas, adds more weight to the conclusion that media depictions of Justice Thomas reflect what many in the media felt a need to believe, rather than any facts. Continued...

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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Books by Sowell
BTW
"Knowledge and Decisions" is a SEMINAL book which should be read by everyone. Others also, but that one first.

Maximum Kudos for Sowell AND Williams
There are several points I want to weigh in with:
1) Sowell and Williams are great and I would be happy to see either (OR both!) on the SC. 2)I have asked Sowell to run for the Senate from Calif. Maybe Williams could do so from Va.
3)I especially want to support the idea expressed by several that there is no basis in the Constitution requiring or suggesting that a Supreme Court Justice should be a lawyer.
4)(I have proposed to friends that an Amendment should prohibit lawyers from serving in Congress, An obvious conflict of interest!)LOL It will never happen!
I read Sowell first and Williams second daily.
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