Conservative Supreme Court Justice Clarence Thomas, 75, Absent from Court Without Explanation

Published: 15 April 2024 at 19:25

Politics

Justice Clarence Thomas, a conservative member of the U.S. Supreme Court since 1991, was not present in court for oral arguments and did not participate remotely on Monday. The court did not provide a reason for his absence but confirmed he would fully participate in two cases being argued based on briefs and transcripts. Thomas was hospitalized two years ago for an infection that also caused him to miss court sessions then. The Supreme Court holds a conservative 6-3 majority.

DEEP DIVE

Clarence Thomas (Wikipedia)

Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. Since Stephen Breyer's retirement in 2022, he is also the Court's oldest member.Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell. Upon graduating, he was appointed as an assistant attorney general in Missouri and later entered private practice there. He became a legislative assistant to U.S. Senator John Danforth in 1979, and was made Assistant Secretary for Civil Rights at the U.S. Department of Education in 1981. President Ronald Reagan appointed Thomas as Chairman of the Equal Employment Opportunity Commission (EEOC) the next year.President George H. W. Bush nominated Thomas to the United States Court of Appeals for the District of Columbia Circuit in 1990. He served in that role for 19 months before filling Marshall's seat on the Supreme Court. Thomas's confirmation hearings were bitter and intensely fought, centering on an accusation that he had sexually harassed Anita Hill, a subordinate at the Department of Education and the EEOC. Hill alleged that Thomas made multiple inappropriate sexual and romantic overtures to her; Thomas and his supporters alleged that Hill and her political supporters had fabricated the accusation to prevent the appointment of a black conservative. The Senate confirmed Thomas by a vote of 52–48, the narrowest margin in a century.Since the death of Antonin Scalia, Thomas has been the Court's foremost originalist, stressing the original meaning in interpreting the Constitution. In contrast to Scalia—who had been the only other consistent originalist—he pursues a more classically liberal variety of originalism. Thomas was known for his silence during most oral arguments, though has since begun asking more questions to counsel. He is notable for his majority opinions in Good News Club v. Milford Central School (determining the freedom of religious speech in relation to the First Amendment) and New York State Rifle & Pistol Association, Inc. v. Bruen (affirming the individual right to bear arms outside the home), as well as his dissent in Gonzales v. Raich (arguing that Congress may not criminalize the private cultivation of medical marijuana). He is widely considered to be the Court's most conservative member.

Clarence Thomas Supreme Court nomination (Wikipedia)

On July 1, 1991, President George H. W. Bush nominated Clarence Thomas for the Supreme Court of the United States to replace Thurgood Marshall, who had announced his retirement. At the time of his nomination, Thomas was a judge on the United States Court of Appeals for the District of Columbia Circuit; President Bush had appointed him to that position in March 1990.The nomination proceedings were contentious from the start, especially over the issue of abortion. Many women's groups and civil rights groups opposed Thomas based on his conservative political views, just as they had opposed Bush's Supreme Court nominee from the previous year, David Souter.Toward the end of the confirmation process, sexual harassment allegations against Thomas by Anita Hill, a law professor who had previously worked under Thomas at the United States Department of Education and then at the Equal Employment Opportunity Commission, were leaked to the media from a confidential FBI report. The allegations led to further investigations and a media frenzy about sexual harassment. Televised hearings were re-opened and held by the Senate Judiciary Committee before the nomination was moved to the full, Democratic-controlled Senate for a vote.On October 15, 1991, Thomas was confirmed to the Supreme Court of the United States by a narrow Senate majority of 52 to 48. He took the oath of office on October 23, 1991.

Ginni Thomas (Wikipedia)

Virginia "Ginni" Thomas (née Lamp; born February 23, 1957) is an American attorney and conservative activist. In 1987, she married Clarence Thomas, who became an associate justice of the Supreme Court of the United States in 1991. Her conservative commentary and activism have made her a controversial figure, especially because spouses of Supreme Court justices typically avoid politicking.Thomas began her career working for Republican Hal Daub while he was a member of the United States House of Representatives. After Thomas graduated from Creighton University School of Law, she worked for the United States Chamber of Commerce. She later worked for the United States Department of Labor and as an aide to Republican Dick Armey while he was a member of the House of Representatives. In 2000, Thomas joined The Heritage Foundation, where she was a liaison between the conservative think tank and the George W. Bush administration. In 2009, Thomas founded Liberty Central, a conservative political advocacy nonprofit organization associated with the Tea Party movement. She founded Liberty Consulting in 2010.Thomas supported Donald Trump during his presidency, offering the administration recommendations on individuals to hire through her work with the conservative Groundswell group. Following Joe Biden's victory in the 2020 presidential election, she repeatedly urged Trump's chief of staff Mark Meadows to take steps to overturn the result. Thomas also emailed state lawmakers in Arizona and Wisconsin, urging them to ignore the results of the 2020 presidential election and vote instead for an alternate slate of electors. She made an early social media endorsement of the Trump rally that preceded the January 6 attack on the United States Capitol before the violence took place, and she later apologized for contributing to a rift among her husband's former Supreme Court clerks concerning that riot.

Supreme Court Lawyer Lisa Blatt Makes 50th Argument with Humor and Passion

Lisa Blatt, the lawyer with the most appearances before the Supreme Court, will make her 50th argument this month with a win-loss record of 40-6 and a unique mix of humor, passion, and style. Justices appreciate her presentations and respect her legal acumen. Blatt's informal and blunt approach, along with occasional humor, sets her apart from others. She often engages in sharp exchanges with justices and has confidently defended her positions, even against Harvard-educated opponents. Blatt's statements have ranged from humorous to hyperbolic, always ensuring a memorable courtroom experience.

Associate Justice of the Supreme Court of the United States (Wikipedia)

An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869.Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is impeached and convicted.Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the majority—decides who writes the court's opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities that the other justices do not and is paid slightly more ($298,500 per year as of 2023, compared to $285,400 per year for an associate justice).Associate justices have seniority in order of the date their respective commissions bear, although the chief justice is always considered to be the most senior justice. If two justices are commissioned on the same day, the elder is designated the senior justice of the two. Currently, the senior associate justice is Clarence Thomas. By tradition, when the justices are in conference deliberating the outcome of cases before the Supreme Court, the justices state their views in order of seniority. The senior associate justice is also tasked with carrying out the chief justice's duties when he is unable to, or if that office is vacant.

Supreme Court of the United States (Wikipedia)

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.Established by Article Three of the United States Constitution, the composition and procedures of the Supreme Court were initially established by the 1st Congress through the Judiciary Act of 1789. The court consists of nine justices: the chief justice of the United States and eight associate justices, and the justices meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the opinion of the court; otherwise, the most senior justice in the majority assigns the task of writing the opinion.The Supreme Court receives on average about 7,000 petitions for writs of certiorari each year, but grants only 75–85.

List of justices of the Supreme Court of the United States (Wikipedia)

The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of whom constitute a quorum. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent of the United States Senate, appoint justices to the Supreme Court; justices have life tenure.

Thomas Sowell (Wikipedia)

Thomas Sowell ( SOHL; born June 30, 1930) is an American economist, social philosopher, and political commentator. He is a senior fellow at the Hoover Institution. With widely published commentary and books—and as a guest on TV and radio—he became a well-known voice in the American conservative movement as a prominent black conservative. He was a recipient of the National Humanities Medal from President George W. Bush in 2002.Sowell was born in segregated Gastonia, North Carolina, to a poor family, and grew up in Harlem, New York City. Due to poverty and difficulties at home, he dropped out of Stuyvesant High School and worked various odd jobs, eventually serving in the United States Marine Corps during the Korean War. Afterward, he took night classes at Howard University and then attended Harvard University, where he graduated magna cum laude in 1958. He earned a master's degree in economics from Columbia University the next year and a doctorate in economics from the University of Chicago in 1968. In his academic career, he held professorships at Cornell University, Brandeis University, and the University of California, Los Angeles. He has also worked at think tanks including the Urban Institute. Since 1977, he has worked at the Hoover Institution at Stanford University, where he is the Rose and Milton Friedman Senior Fellow on Public Policy.Sowell was an important figure to the conservative movement during the Reagan era, influencing fellow economist Walter E. Williams and U.S. Supreme Court Justice Clarence Thomas. He was offered a position as Federal Trade Commissioner in the Ford administration, and was considered for posts including U.S. Secretary of Education in the Reagan administration, but declined both times.Sowell is the author of more than 45 books (including revised and new editions) on a variety of subjects including politics, economics, education and race, and he has been a syndicated columnist in more than 150 newspapers. His views are described as conservative, especially on social issues; libertarian, especially on economics; or libertarian-conservative. He has said he may be best labeled as a libertarian, though he disagrees with libertarians on some issues, such as national defense.

Supreme Court Allows Lawsuit Against Black Lives Matter Activist DeRay Mckesson to Proceed

The Supreme Court declined to hear an appeal by activist DeRay Mckesson, allowing a lawsuit against him for a 2016 protest in Baton Rouge where a police officer was injured to continue. The officer claims Mckesson was negligent in leading the protest, but Mckesson argues his actions are protected under the First Amendment. The case raises concerns about the right to protest and free speech. Lower courts have ruled in favor of the officer's lawsuit, stating Mckesson failed to prevent violence during the protest.

Thomas Thomas (Wikipedia)

Thomas Thomas is the name of:

US Supreme Court to Decide the Fate of Capitol Riot Defendant and Its Political Implications

The US Supreme Court will hold oral arguments in the appeal of Joseph Fischer, one of 300 individuals charged with obstruction of an official proceeding in the Jan 6, 2021, Capitol insurrection. This case has implications for former President Trump as he also faces an obstruction charge. The decision on this case and a separate dispute over Trump's claim of presidential immunity have delayed his trial indefinitely. A federal judge dismissed the obstruction offense against three defendants, including Fischer, stating prosecutors stretched the law beyond its scope.

Supreme Court Allows Idaho to Enforce Ban on Gender-Affirming Care for Transgender Youth

The Supreme Court granted an emergency request allowing Idaho to enforce a law banning gender-affirming health care for transgender teens, with exceptions for the two plaintiffs. The law prohibits puberty blockers, hormone therapy, and surgeries for transgender minors. The court's conservative majority supported the law's enforcement, while the liberals dissented, citing concerns about constitutional violations and potential impact on transgender healthcare. Over 20 states have similar bans, and challenges to these laws are expected to reach the Supreme Court in the future.