We need better Supreme Court justices


Well, this is a fine how-de-do. Clarence Thomas is arguing for theocracy.

Thomas, 77, the Court’s longest-serving conservative member, laid the blame at the feet of intellectuals and the nation’s colleges and universities, which he said have allowed founding values to fall out of favor. He did not reference specific political figures or contemporary events.

He also did not reference specific values, but only platitudes. He simply took the time to condemn intellectuals, colleges, and universities — I guess he was corrupted by his time spent getting a JD from Yale.

Progressivism seeks to replace the basic premises of the Declaration of Independence and hence our form of government, Thomas said. [It] holds that our rights and our dignities come not from God, but from government. It requires of the people a subservience and weakness incompatible with a Constitution premised on the transcendent origin of our rights.

Hang on there, Supreme Court Justice Clarence Thomas, do I need to explain to you that our form of government was specified by the Constitution, not the Declaration of Independence? That document was a dramatic announcement of our grievances and intent to sever our subservience with a colonial power, England. The Declaration does have some wording about “the Laws of Nature and of Nature’s God” and that we are endowed by our Creator with certain inalienable rights, but it is otherwise a secular document focused on civil complaints and disagreements with a government. Officials do not swear to uphold the Declaration of Independence, which would be a weird thing to do, since a list of 18th century grievances is not relevant to a 21st century state.

It’s our Constitution you should care about. You know, the document that starts out

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

You know, the document that says our government comes from the people. Not god. It doesn’t even mention god or religion except in the first amendment, where it says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” But now a Supreme Court Justice has decided that no, our rights come from a god, on the basis of reading the wrong document? And by ignoring entirely a wholly secular document that is the actual source of any authority he might have?

“Progressivism,” whatever that means in his decrepit brain, does not require subservience and weakness, nor is it dependent on a transcendent origin of our rights. Some of the founding fathers he reveres weren’t particularly religious and didn’t need a clerical excuse to see a reason for establishing a government. You can be an atheist and support the Constitution!

Thomas also took aim at officials in Washington, he said, who lack commitment to righteous cause, to traditional morality, to national defense, to free enterprise, to religious piety or to the original meaning of the Constitution.

Yes, do take aim at government officials. I don’t think Donald Trump is at all pious, and is more committed to corruption than to free enterprise or righteousness, and he’s filled the upper levels of government with selfish hacks like himself. He’s also appointed several of Supreme Court Justice Clarence Thomas’s peers. Any complaints should be rightfully directed at the institution he represents.

And hey, does taking bribes from wealthy conservatives count as a righteous cause?

Fuck your traditional morality, Clarence. It’s more like a traditional venality.

Comments

  1. StevoR says

    Imagine how different SCOTUs would look if HRC had won in 2016.

    Imagine how differnt itand everything els ewould be had kamala won in the final ever legitimate~ish USoA Presidential election.

    What a differnet world we’d live in now.

    Thanks Bothsiderists, Only-A Unicorn-will do klowns, Abandon Biden-Harris utter douchebags, non-voters and the rest of the Trump voters all of whom have totally screwed the rest of the entire planet. This reality, all the incalclulable harms of two Trump terms wth all their beyond merely horrendous consequences is on you.

  2. lasius says

    That document was a dramatic announcement of our grievances and intent to sever our subservience with a colonial power, England.

    I always find it rich when the US is criticising the UK for colonialism.

  3. Walter Solomon says

    I just watched a report on PBS News Hour about small liberal arts colleges closing, particularly in the Northeast and Midwest, and higher education struggling generally because of low enrollment. And in this climate we have a jurist of the highest court in this country attacking higher education and intellectualism.

    The decline is undeniable at this point.

  4. tedw says

    I was not a fan of Clarence Thomas from the first time I heard of him, but realized just how ant-intellectual he was when I heard a piece on NPR in 2011 about what kind of writing the Supreme Court Justices looked for in legal briefs. They all said the writers they liked were ones like Hemingway, Shakespeare, Proust, Montesquieu, and so on. Except Thomas, who said a good legal briefs reminded him of the TV show “24”. You may remember it; it was the one that glorified torture. https://www.npr.org/2011/06/13/137036622/skip-the-legalese-and-keep-it-short-justices-say

    I also once heard someone observe that Thomas believes anti-black racism exists in this country; and that he is its only victim. Which would certainly explain a lot.

  5. says

    I think the language of the Declaration when it comes to god is important.
    It says the people’s rights are endowed by THEIR creator. Not “THE” creator and not “OUR” creator.
    IOW, it leaves it to the person to define what that creator is. It doesn’t take a stand on who or what the creator was.
    I think this is an important distinction.

  6. davetaylor says

    @2 “I always find it rich when the US is criticising the UK for colonialism.”

    I think the point was that in the 1770s the American colonies did not have their own colonies.

  7. says

    Maybe the problem is that so few people understand (or even know) what was happening in “church-state relations” during the 1760s-1780s… particularly in England, with substantial foreshadowing of the French Revolution. The theocratic/divine-right-of-kings response to the Declaration of Independence in England (and the rest of Europe) really could have led to only two responses in colonies breaking away on policy/individual rights grounds:

    • “No, it’s our interpretation of God’s Will that matters, and we’re going to enshrine an Established Church in our government and entire way of life. Theocracy FTW!”

    • “We’re not arrogant enough to proclaim we have the exclusive vision of some divinity’s will based on a dubiously-edited 1500-year-old document that came to us through three layers of translations (two from dead languages), so that just doesn’t belong in our government.”

    The Founders chose the latter. I think this particular Justice — essentially raised by nuns — hasn’t forgotten that; he never knew it. The entire point of having “a Constitutional form of government” is that context matters… that is, that when declaring meaning one must know and acknowledge the context of the words used, but that those words no more fail to change over time than has theology. (Oh, there’s my problem: I’m using that “elitist education” to actually try to understand something — including the understanding that it’s not definitive — instead of as an entré to a well-paid position as a partisan pundit.)

  8. lasius says

    @6 davetaylor

    Even if the USA never would have colonized further from that point on, it would still be hypocritical. “Stop skimming from our exploitation of colonized land, we want it all to ourselves instead.”

  9. Akira MacKenzie says

    Oh, “the original meaning of the constitution!” You mean where white, male property-owners run everything and you’re picking cotton on some plantation, Uncle Thomas?

    Although, he probably fancies himself to be “house slave” material.

  10. says

    Thomas’s latest blithering wasn’t even coherent. Like I said elsewhere, either he’s following Master Trump on the path to dementia, or he’s just robotically phoning in the same crap he’s always been expected and rewarded for phoning in. He’s always been a hateful miserable idiot who made his separate peace with the racists and hates everyone who tries to get a better deal than he got.

  11. Pierce R. Butler says

    It doesn’t even mention god or religion except in the first amendment…

    Also Article VI:

    … but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

    Nowhere else in the text does the word “ever” provide such emphasis.

    And, implicitly, pls note that –

    • repeated allusions to “oath or affirmation” – an oath, at that time and place, meaning a commitment to a god, so the Constitution provides a secular alternative;

    • even the date at the end, “Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth …” provides a secular alternative to the xian calendar.

  12. Pierce R. Butler says

    Akira MacKenzie @ # 9 – “and you’re picking cotton on some plantation, Uncle Thomas?”

    Cotton was a pretty minor crop in the US of 1787 – the Clarence Thomases of that day would more likely have been sweating in fields of corn and tobacco.

  13. Snarki, child of Loki says

    “I think the point was that in the 1770s the American colonies did not have their own colonies.”

    Maine was a colony of Massachusetts.

  14. says

    Was Maine a “colony” of Massachusetts? Or were both states part of the same original land-grant (before they got split apart by some later conflicting land-grant)? I remember most of the British charters of their colonies included far more land than their governments could manage or populate (or even map, in the case of those “sea to sea” grants). IIRC that’s why many states had to give up large parts of their original claimed land to the new national government after the Constitution was ratified.

  15. flange says

    I wonder what Thomas thinks about the Trump administration’s affirmative action program for mediocre, rich, white, Christian lackeys?

  16. StevoR says

    @5. markmckee :

    I think the language of the Declaration when it comes to god is important.
    It says the people’s rights are endowed by THEIR creator. Not “THE” creator and not “OUR” creator.

    IOW, it leaves it to the person to define what that creator is. It doesn’t take a stand on who or what the creator was.
    I think this is an important distinction.

    I think that’s a very good point.

    Quoted for truth.

  17. stuffin says

    AI Overview
    Progressivism is a political philosophy and social reform movement advocating for advancements in social, economic, and political equality through government action. Emerging in the late 19th/early 20th centuries to address industrialization issues, it focuses on curbing corporate power, protecting marginalized groups, promoting environmentalism, and empowering, often through expert-driven policy.
    Center for American Progress

    Key Aspects of Progressivism:
    Core Idea: Progressivism is grounded in the belief that active, proactive measures—rather than inaction—are necessary to improve society and achieve greater equity.
    Therefore, Thomas must do as his master(s) decree.

    That definition would not benefit the wealthy who bankroll(ed) Thomas’ lifestyle outside his SCOTUS salary. Therefore, Thomas must obey his master’s mandate.

  18. chigau (違う) says

    Clarence Thomas is a Christian.
    His only Master should be Jesus Christ.
    .
    I did not consult AI to reach this conclusion.

  19. StevoR says

    @ Raging Bee : Was Maine a “colony” of Massachusetts? Or were both states part of the same original land-grant (before they got split apart by some later conflicting land-grant)?”

    From what I gatehr reading wikipedia it seems pretty complicated and that Maine was part of Canada actually :

    Maine was much fought over by the French, English, and allied natives during the 17th and 18th centuries.

    …(Snip)..

    After the British defeated the French in Acadia in the 1740s, the territory from the Penobscot River east fell under the nominal authority of the Province of Nova Scotia, and together with present-day New Brunswick formed the Nova Scotia county of Sunbury, with its court of general sessions at Campobello. American and British forces contended for Maine’s territory during the American Revolution and the War of 1812, with the British occupying eastern Maine in both conflicts via the Colony of New Ireland.[26][27] The territory of Maine was confirmed as part of Massachusetts when the United States was formed following the Treaty of Paris ending the revolution, ..

    ..(Snip) ..

    Maine was physically separate from the rest of Massachusetts. Longstanding disagreements over land speculation and settlements led to Maine residents and their allies in Massachusetts proper forcing an 1807 vote in the Massachusetts Assembly on permitting Maine to secede; the vote failed. Secessionist sentiment in Maine was stoked during the War of 1812 when Massachusetts pro-British merchants opposed the war and refused to defend Maine from British invaders. In 1819, Massachusetts agreed to permit secession, sanctioned by voters of the rapidly growing region the following year.

    Source : https://en.wikipedia.org/wiki/Maine#History

  20. springa73 says

    Re: Maine being a colony of Massachusetts, I do remember reading that Maine elected representatives to the Massachusetts legislature both before and after independence from Britain. So, it may have been a colony but it was one that did have some political voice.

  21. springa73 says

    Re: Maine being a colony of Massachusetts, I do remember reading that Maine elected representatives to the Massachusetts legislature both before and after independence from Britain. So, it may have been a colony but it was one that did have some political voice.

  22. Silentbob says

    @ 19 違う

    The epistles of Paul teach that a slave should serve their master (and indeed an escaped slave should be returned to their master). So no. Your attempt at a joke is stupid. As usual.

    Have a nice day.

  23. Dave says

    “a list of 18th century grievances is not relevant to a 21st century state”

    I disagree with this. Of course, the Declaration has no legal authority, but if you read that list of grievances, you will be immediately struck by how many of them Florida man has also committed. Some examples:

    “He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither”

    “He has obstructed the Administration of Justice”

    “He has made Judges dependent on his Will alone”

    “He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people”

    “For cutting off our Trade with all parts of the world”

    I could go on

  24. chigau (違う) says

    I have a synesthetic response to Silent Bob. I can smell him.
    Australians may not have experienced this.
    In places where the winters are cold and long and there are alot of dogs shitting in the snow for 3 or 4 months, there is a really special odour when it all thaws in the Spring.
    That is Silent Bob.

  25. birgerjohansson says

    Clarence Thomas was confirmed by then senator Joe Biden, after Thomas perjuried himself promising to be impartial. He later stated his partisanship openly, on several occasions
    Word of this must have reached back to the senate, but the Dems never did anything about it even in the days senate Republicans were less corrupt and an impeachment might have worked.
    .
    And that is why Dem candidates for congress should be subjected to the same degree of purity-testing the Republicans do.

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