Racial Revisionism
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Book Note Justice Thomas’S Inconsistent Originalism
BOOK NOTE JUSTICE THOMAS’S INCONSISTENT ORIGINALISM MY GRANDFATHER’S SON: A MEMOIR. By Clarence Thomas.1 New York: HarperCollins Publishers. 2007. Pp. xii, 289. $26.95. Since his infamous confirmation hearings, several of Justice Tho- mas’s biographers2 have struggled to understand and explain the ap- parent conflicts in the life and jurisprudence of a man who acknowl- edges that his conservative views do not comport with the traditional viewpoints of African Americans3 and who advocates an originalist in- terpretation of the Constitution.4 Justice Thomas has received harsh criticism from some of these biographers, and the debate surrounding his adequacy as a Supreme Court Justice has strong political under- pinnings.5 Seeking to correct other accounts of his life, which Justice Thomas views as partly “untrue, at times grossly so” (p. x), My Grand- father’s Son sheds new light on his personal history — especially the key roles race and religion played therein — but generally eschews di- rect discussion of his jurisprudential philosophy. Even so, Justice Thomas’s memoir illuminates his judicial philosophy, because that phi- losophy stems from the experiences and principles discussed in his book. My Grandfather’s Son begins with a description of Justice Tho- mas’s West African ancestry (p. 2) and early childhood. Born in a shanty in Pinpoint, Georgia, on June 23, 1948 (pp. 3–4), Thomas spent his early years fatherless, alongside his mother, Leola; aunt, Annie; and siblings, Emma Mae and Myers (pp. 1, 3). In 1954, Myers accidentally burned down their home (p. 6), and Leola took her sons to live in a de- ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 Associate Justice, Supreme Court of the United States. -
Reading Clarence Thomas
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2004 Reading Clarence Thomas Kendall Thomas Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Law and Race Commons Recommended Citation Kendall Thomas, Reading Clarence Thomas, 18 NAT'L BLACK L. J. 224 (2004). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2172 This Essay is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. ESSAY READING CLARENCE THOMAS Kendall Thomas* The state is INHERENTLY racial, every state institution is a RACIAL institu- tion, and the entire social order is equilabrated (unstably) by the state to preserve the prevailing racial order. -Omi & Winant' Several years ago, a special issue of The New Yorker entitled "Black in America" included an extraordinary profile of U.S. Supreme Court Justice Clarence Thomas.2 Authored by Jeffrey Rosen, the article begins with an account of Justice Thomas's interventions in two of the most important cases decided during the Court's previous term. In the first of these cases, Missouri v. Jenkins, the Court was called upon to define the constitutional scope and limits of the federal judicial power to address racial concentra- tion in Kansas City's public schools through salary increases and the crea- tion of magnet programs.3 In the second case, Adarand v. -
Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School
College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 1995 Section 1: Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 1: Justices' Profiles" (1995). Supreme Court Preview. 35. https://scholarship.law.wm.edu/preview/35 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview WARREN E. BURGER IS DEAD AT 87 Was Chief Justice for 17 Years Copyright 1995 The New York Times Company The New York Times June 26, 1995, Monday Linda Greenhouse Washington, June 25 - Warren E. Burger, who retired to apply like an epithet -- overruled no major in 1986 after 17 years as the 15th Chief Justice of the decisions from the Warren era. United States, died here today at age 87. The cause It was a further incongruity that despite Chief was congestive heart failure, a spokeswoman for the Justice Burger's high visibility and the evident relish Supreme Court said. with which he used his office to expound his views on An energetic court administrator, Chief Justice everything from legal education to prison Burger was in some respects a transitional figure management, scholars and Supreme Court despite his tenure, the longest for a Chief Justice in commentators continued to question the degree to this century. He presided over a Court that, while it which he actually led the institution over which he so grew steadily more conservative with subsequent energetically presided. -
Dead Precedents Riley T
Notre Dame Law Review Online Volume 93 | Issue 1 Article 1 8-2017 Dead Precedents Riley T. Svikhart Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr_online Part of the Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation 93 Notre Dame L. Rev. Online 1 (2018) This Essay is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review Online by an authorized editor of NDLScholarship. For more information, please contact [email protected]. ESSAY DEAD PRECEDENTS Riley T. Svikhart* INTRODUCTION Shaun McCutcheon’s was the “next big campaign finance case to go before the Supreme Court.”1 When the Alabama GOP warned the conservative businessman that his 2010 federal campaign contributions might soon exceed a congressionally imposed limit, he decided to “take a stand.”2 Together, McCutcheon and the Republican National Committee (RNC)—which “wish[ed] to receive the contributions that McCutcheon and similarly situated individuals would like to make” in the absence of such aggregate contribution limits3—challenged the responsible statutory regime4 on First Amendment grounds and attracted national attention en route to a victory before the Supreme Court.5 But while McCutcheon and the RNC prevailed in their case, they failed in another noteworthy regard—Chief Justice Roberts’s controlling opinion declined their request to squarely overrule a relevant portion of the landmark campaign © 2017 Riley T. Svikhart. Individuals and nonprofit institutions may reproduce and distribute copies of this Essay in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review Online, and includes this provision and copyright notice. -
The Honorable Eugene Scalia Secretary of Labor U.S. Department of Labor 200 Constitution Ave., N.W
The Honorable Eugene Scalia Secretary of Labor U.S. Department of Labor 200 Constitution Ave., N.W. Washington, DC 20210 Attention: Proxy Voting and Shareholder Rights NPRM. Regarding RIN: 1210-AB91 Dear Secretary Scalia, I am submitting the following comment letter to express my support for the Department of Labor’s recently proposed rule “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights” published in the Federal Register on September 4, 2020. This rule rightly reaffirms the fiduciary obligations that ERISA-backed pension fund managers owe to their beneficiaries and puts forward much needed reforms in a proxy advisory industry that for too long has neglected to serve the best interest of pensioners. As a former Treasurer of the State of Ohio and Mayor of Cincinnati, I have had firsthand experience overseeing a pension system and I take seriously the responsibility of a fund’s management team to provide financial security to the men and women who work hard their entire lives with the hopes to attain a secure retirement. For pension beneficiaries across the country, this proposal by the Department of Labor is a positive step towards ensuring that accountability and fiscal responsibility take precedent over any other considerations. Rightly so, the proposed rule seeks to address the outsized roles that proxy advisory firms have in investment decisions and examine whether their recommendations are always economically beneficial to pensioners. The proxy system has long been taken advantage of by those without fiduciary responsibilities, preventing sound advice from reaching the nation’s pension and investment funds and retail shareholders. There is currently a duopoly in the system, in which two companies, Institutional Shareholder Services (ISS) and Glass Lewis, control the overwhelming majority of the proxy advisory market. -
Oppose Judge Amy Coney Barrett's Nomination to the Supreme Court
TAKE ACTION TO SAVE ROE: Oppose Judge Amy Coney Barrett’s Nomination to the Supreme Court With the death of Supreme Court Justice Ruth Bader Ginsburg, the American people lost a champion for gender equality and reproductive rights. President Trump’s nominee to replace her, Judge Amy Coney Barrett, has the most extreme anti-reproductive rights record of any Supreme Court nominee since the rejected nomination of Judge Robert Bork over 30 years ago. Reproductive rights should not be open for debate. The ability to make these highly personal decisions is central to a person’s dignity and liberty and to gender equality. Take action today to make your voice heard about why Judge Barrett’s nomination must not proceed. PRESIDENT TRUMP’S NOMINEE: WHAT CAN I DO TO STOP THIS NOMINATION AND JUDGE AMY CONEY BARRETT HELP SAVE ROE? Senators need to hear directly from their constituents President Trump has made reversing Roe v. about why abortion rights and this nomination matters Wade a litmus test for his Supreme Court to you. nominees. Judge Barrett’s record supports that test. Her approach to constitutional 1. Tell your Senators to vote NO on Judge Barrett’s interpretation, opinions as a federal appellate confirmation and urge them to vocally stand up for judge, and vitriolic public advocacy disparaging reproductive rights and the ACA. Click here to send a contraception, opposing abortion, and message or call 202-224-3121. defending “the right to life from fertilization” 2. Share your story or viewpoint on why access to lay bare a deep disagreement with the abortion is important to you by publishing op-eds, established constitutional protections for letters to the editor, and social media posts. -
How Philosophers Rise and Empires Fall in the Work of Leo Strauss
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2-2019 Ungodly Freedom: How Philosophers Rise and Empires Fall in the Work of Leo Strauss Eli Karetny The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/2819 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] UNGODLY FREEDOM: HOW PHILOSOPHERS RISE AND EMPIRES FALL IN THE WORK OF LEO STRAUSS by Eli Karetny A dissertation submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2019 © 2018 Eli Karetny All Rights Reserved ii This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. PROFESSOR COREY ROBIN _________________ ____________________________________ Date Committee Chair _______________ PROFESSOR ALYSON COLE Date ____________________________________ Executive Officer Supervisory Committee: Corey Robin Alyson Cole Carol Gould THE CITY UNIVERSITY OF NEW YORK iii Abstract UNGODLY FREEDOM: HOW PHILOSOPHERS RISE AND EMPIRES FALL IN THE WORK OF LEO STRAUSS by Eli Karetny Advisor: Professor Corey Robin This dissertation argues that to fully understand the work of Leo Strauss, scholars must look beyond the Platonic and Machiavellian elements in Strauss and explore how Nietzsche’s ideas about nihilism, the will to power, the eternal return, and the ubermensch influence Strauss’s critique of modernity, his understanding of the relationship between philosophy and politics, and his redefinition of the philosopher as a prophetic lawgiver. -
Garveyism: a ’90S Perspective Francis E
New Directions Volume 18 | Issue 2 Article 7 4-1-1991 Garveyism: A ’90s Perspective Francis E. Dorsey Follow this and additional works at: http://dh.howard.edu/newdirections Recommended Citation Dorsey, Francis E. (1991) "Garveyism: A ’90s Perspective," New Directions: Vol. 18: Iss. 2, Article 7. Available at: http://dh.howard.edu/newdirections/vol18/iss2/7 This Article is brought to you for free and open access by Digital Howard @ Howard University. It has been accepted for inclusion in New Directions by an authorized administrator of Digital Howard @ Howard University. For more information, please contact [email protected]. GARVEYISM A ’90s Perspective By Francis E. Dorsey Pan African Congress in Manchester, orn on August 17, 1887 in England in 1945 in which the delegates Jamaica, Marcus Mosiah sought the right of all peoples to govern Garvey is universally recog themselves and freedom from imperialist nized as the father of Pan control whether political or economic. African Nationalism. After Garveyism has taught that political power observing first-hand the in without economic power is worthless. Bhumane suffering of his fellow Jamaicans at home and abroad, he embarked on a mis The UNIA sion of racial redemption. One of his The corner-stone of Garvey’s philosophical greatest assets was his ability to transcend values was the establishment of the Univer myopic nationalism. His “ Back to Africa” sal Negro Improvement Association, vision and his ‘ ‘Africa for the Africans at UNIA, in 1914, not only for the promulga home and abroad” geo-political perspec tion of economic independence of African tives, although well before their time, are peoples but also as an institution and all accepted and implemented today. -
The Wit and Wisdom of Donald J. Trump - Volume One : 8X10 College Ruled - 200 Blank Notebook Pages Pdf, Epub, Ebook
THE WIT AND WISDOM OF DONALD J. TRUMP - VOLUME ONE : 8X10 COLLEGE RULED - 200 BLANK NOTEBOOK PAGES PDF, EPUB, EBOOK Buckskin Creek Journals | 202 pages | 11 Aug 2018 | Createspace Independent Publishing Platform | 9781725123359 | English | none The Wit and Wisdom of Donald J. Trump - Volume One : 8x10 College Ruled - 200 Blank Notebook Pages PDF Book Molly Olmstead: Conservatives are already playing up hypothetical anti-Catholic bias against Amy Coney Barrett : Because we all know how concerned conservatives are when it comes to prejudice against minorities? Matties, You are not suspicious of Biden and all the other globalist but suspicious of Trump? Most of them lack context, and may err by omission, but they're not fake news. Romney too wants to reach across the aisle. As former KGB and Washington swamp know now. I have a sister who now is looking for work in Canada because of this election, as well as many other twitter people I follow. The communities welcomed him. Dollar Index at that time, I suggest. To Mr. Read the thread!! But minority rule is on the ballot. The illusion of governance overshadows the chaos in the nuts and bolts of implementation situated in the agencies charged with making it happen. The decision is simple for me. Ever since, the right has mounted an hysterical campaign to take away the rights granted by the Court -- especially abortion, but also the constitutional right to privacy free choice is based on -- and to secure ever greater privileges for the rich as evidenced most clearly by the Court's recent claim that unlimited campaign spending is protected "free speech". -
EXTENSIONS of REMARKS May 8, 1996 EXTENSIONS of REMARKS
10608 EXTENSIONS OF REMARKS May 8, 1996 EXTENSIONS OF REMARKS KEN BLACKWELL MAKES THE tax compliance is $192 billion-an amount we must be cognizant of the costs imposed CASE FOR A FAIRER, SIMPLER equivalent to General Motors' entire output on businesses by such mandates. TAX CODE for 1994 .. As we said in the tax commission's report, There are other costs that are not included filing tax returns will never be anyone's fa in the Tax Foundation's numbers. One of vorite pastime, but neither should it be what HON. STEVE CHABOT these is the cost of dealing with an audit or it has become: one of life's most nerve OF OHIO some other contact with the IRS. In 1990, the wracking, gut-wrenching and mind-numbing IN THE HOUSE OF REPRESENTATIVES IRS conducted 1.2 million audits, and sent 4.9 million computer-generated notices to tax chores. The current tax code is exceedingly Wednesday, May 8, 1996 payers regarding their returns or payments. expensive to comply with, increasingly dif The IRS filed 1.1 million liens and 2.6 million ficult to enforce and oftentimes impossible Mr. CHABOT. Mr. Speaker, one of the best to understand. and most persuasive advocates of a fairer, levies, and penalized a third of all employers simpler Tax Code is my good friend, former for payroll tax deposit errors. Needless to Long ago the authors of the Federalist Pa say, taxpayers spent a considerable number pers warned, "It will be of little avail to the colleague on the Cincinnati City Council, and of hours in these contacts with the IRS in people that the laws are made by men of present treasurer of the State of Ohio, Ken addition to the time they spent preparing their own choice if the laws be so volumi Blackwell. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Black Capitalism’
Opinion The Real Roots of ‘Black Capitalism’ Nixon’s solution for racial ghettos was tax breaks and incentives, not economic justice. By Mehrsa Baradaran March 31, 2019 The tax bill President Trump signed into law in 2017 created an “opportunity zones” program, the details of which will soon be finalized. The program will provide tax cuts to investors to spur development in “economically distressed” areas. Republicans and Democrats stretching back to the Nixon administration have tried ideas like this and failed. These failures are well known, but few know the cynical and racist origins of these programs. The neighborhoods labeled “opportunity zones” are “distressed” because of forced racial segregation backed by federal law — redlining, racial covenants, racist zoning policies and when necessary, bombs and mob violence. These areas were black ghettos. So how did they come to be called “opportunity zones?” The answer lies in “black capitalism,” a forgotten aspect of Richard Nixon’s Southern Strategy. Mr. Nixon's solution for racial ghettos was not economic justice, but tax breaks and incentives. This deft political move allowed him to secure the support of 2 white Southerners and to oppose meaningful economic reforms proposed by black activists. You can see how clever that political diversion was by looking at the reforms that were not carried out. After the Civil Rights Act, black activists and their allies pushed the federal government for race-specific economic redress. The “whites only” signs were gone, but joblessness, dilapidated housing and intractable poverty remained. In 1967, blacks had one-fifth the wealth of white families. ADVERTISEMENT Yet a white majority opposed demands for reparations, integration and even equal resources for schools.