Litigation

Justice Thomas Gets Heat Over Speech

By Peter Hardin

Supreme Court Justice Clarence Thomas’ recent remarks before the Federalist Society are prompting criticism in some quarters, including recent commentaries by former Secretary of Labor Robert Reich and law professor Jonathan Turley.

According to Reich’s commentary, at his Christian Science Monitor blog, Justice Thomas accused his critics of politicizing the Supreme Court and “undermining” its legitimacy. The justice continued:

“You are going to be, unfortunately, the recipients of the fallout from that ? that there?s going to be a day when you need those institutions to be credible and to be fully functioning to protect your liberties. That could be either a short or a long time, but you?re younger, and it?s still going to be a necessity to protect the liberties that you enjoy now in this country.”

Reich, a professor at the University of California at Berkeley, jabbed at Justice Thomas: “Odd coming from Clarence Thomas ? who has done more to politicize the Court than anyone in recent years, with the possible exception of his brother on the bench Antonin Scalia.”

Turley, of George Washington University, wrote a Los Angeles Times column that was headlined, “Clarence Thomas’ dangerous conceit: The Supreme Court justice argues that criticism of him is an attack on the court itself. But a single justice doesn’t define the institution.” Turley explained:

“The Supreme Court is not composed of nine Atlas-like jurists holding up justice in the United States. Rather, the foundations are laid in the rule of law, which speaks to all Americans in the same voice. The court is ‘credible,’ to use Thomas’ word, because it is not the extension of the jurists themselves but the law that they are required to follow.”

You can learn about critics raising ethics questions regarding Justice Thomas by clicking here for Gavel Grab.

Full post as published by The Gavel on March 07, 2011 (boomark / email).