Kinsley on Chief Justice Thomas: Will W or Dems show more "guts"?

[DeepModem Mom]

Washington Post
Fool Me Twice

By Michael Kinsley
Sunday, January 16, 2005; Page B07

Will President Bush actually have the guts to nominate Clarence Thomas for chief justice when that opportunity arises, which will probably be soon? You know he's just aching to do it. Because of their shared judicial philosophy, of course. But also because of that arrogant willfulness Bush has that a more generous person than myself might even call integrity. Heck, why be president if you can't rub your critics' noses in it?

And will the Democrats have the guts to oppose Justice Thomas's elevation to chief, resisting all the cries of, "Oh, for mercy's sake, you people -- not that again"? Those cries are starting preemptively, in an effort to cow the opposition party out of opposing a Thomas nomination. I wish I could be as confident of the Democrats' guts as I am of the president's....

***

Thomas's performance at (his confirmation) hearing, the things we know now that we didn't know then, even the things we knew then but were bullied or rushed into ignoring, are not just fair game. They are disqualifying. If he wasn't unworthy of the Supreme Court when his confirmation hearings began, he certainly was by the time they were over. The fact that he was confirmed as an associate justice anyway is no reason to give him a free pass to chief justice. Fool me once, shame on you. Fool me twice, shame on me....

***

....Saying the preposterous under oath has served Clarence Thomas well so far. If he is given the opportunity to be preposterous again, and the Senate Democrats let him get away with it -- again -- they will get the chief justice they deserve, and they'll deserve the justice that they get.

http://www.washingtonpost.com/wp-dyn/articles/A10931-2005Jan14.html

[Erika]

1. My attorney friend and co-worker

said Thomas should have never been appointed a justice because in no way could he be deemed a scholar. He was a token at best. Anita Hill has indeed become a distinguished scholar and law school teacher. She is highly respected for her hard work and integrity.

My friend is Japanese/American.

[Erika]

2. That should be

that he was a token GOP.

[dr.strangelove]

8. What do you mean by "scholar?"

I agree that Thomas should never have been confirmed to the court. I am not sure I understand what your comment about scholarship means. Thomas' constitutional views are that of a strict constructionist and an originalist, which I think disqualifies anyone from service on the Court. If that is the reason for your opposition, then I think its fine. Maybe I am reading your post wrong, but I took your position to be that only someone with a history as a legal professor is qualified to be a SCOTUS justice. Thomas is an idiot, but he chaired the EEOC for most of Reagan's and Bush I's administrations. If there was an open minded person who agreed to view the Constitution as a living document with the exact same career experience as Thomas, I would be glad to have them on the bench. Some of the best judges were never law school professors. There is an old saying at law schools, the A students become professors, the B students become judges and the C students become good lawyers. While that saying is a bit silly, I think it is true in that a person ca be a great SCOTUS justice without being a law professor, and history shows us many who fall into the group.

Maybe I read you past wrong, if I did I am sorry for mis-characterizing what you said.

[xchrom]

3. they will get the chief justice they deserve,

and they'll deserve the justice that they get.

but will i deserve the justice they give me?

[dr.strangelove]

9. No - but we can raise enough hell that

The new Chief will go down in the history books as a contested Chief. Then his decisions will be taken in a different light than that of Scalia, who was confirmed unanimously to SCOTUS.

[xchrom]

12. yes -- we can do more protesting, sigh

i'd like to see no nudging of dem senators and reps to do their jobs and represent as an opposition party.

[cornermouse]

4. Lol.

Others were posting Scalia would get the Chief Justice, possibly due to his close ties to Cheney. I immediately thought of Thomas as a possibility. Its interesting to see that I'm not the only one who thought Thomas could become Bush's choice.

[MiniMe]

5. Shrub will nominate Thomas just so he can say.......

..."You don't want to appoint Thomas because he is black". Its the same tactic that he is using with Gonzalez.

[DeepModem Mom]

7. I think you're right, MiniMe -- and welcome to DU!

[MiniMe]

14. Thanks for the welcome!

[newyawker99]

13. Hi MiniMe!!

Welcome to DU!! :toast:

[Snotcicles]

6. Thomas, Rice, heck Bush has become a Soul Brother n/t

[nightperson]

10. Hope Kinsley's not counting on Donna Brazile.

Right?

[DeepModem Mom]

11. Brazile has an autographed pic of Thomas on her wall?

Well....to each his own, I guess.