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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. -
Appendix File Anes 1988‐1992 Merged Senate File
Version 03 Codebook ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CODEBOOK APPENDIX FILE ANES 1988‐1992 MERGED SENATE FILE USER NOTE: Much of his file has been converted to electronic format via OCR scanning. As a result, the user is advised that some errors in character recognition may have resulted within the text. MASTER CODES: The following master codes follow in this order: PARTY‐CANDIDATE MASTER CODE CAMPAIGN ISSUES MASTER CODES CONGRESSIONAL LEADERSHIP CODE ELECTIVE OFFICE CODE RELIGIOUS PREFERENCE MASTER CODE SENATOR NAMES CODES CAMPAIGN MANAGERS AND POLLSTERS CAMPAIGN CONTENT CODES HOUSE CANDIDATES CANDIDATE CODES >> VII. MASTER CODES ‐ Survey Variables >> VII.A. Party/Candidate ('Likes/Dislikes') ? PARTY‐CANDIDATE MASTER CODE PARTY ONLY ‐‐ PEOPLE WITHIN PARTY 0001 Johnson 0002 Kennedy, John; JFK 0003 Kennedy, Robert; RFK 0004 Kennedy, Edward; "Ted" 0005 Kennedy, NA which 0006 Truman 0007 Roosevelt; "FDR" 0008 McGovern 0009 Carter 0010 Mondale 0011 McCarthy, Eugene 0012 Humphrey 0013 Muskie 0014 Dukakis, Michael 0015 Wallace 0016 Jackson, Jesse 0017 Clinton, Bill 0031 Eisenhower; Ike 0032 Nixon 0034 Rockefeller 0035 Reagan 0036 Ford 0037 Bush 0038 Connally 0039 Kissinger 0040 McCarthy, Joseph 0041 Buchanan, Pat 0051 Other national party figures (Senators, Congressman, etc.) 0052 Local party figures (city, state, etc.) 0053 Good/Young/Experienced leaders; like whole ticket 0054 Bad/Old/Inexperienced leaders; dislike whole ticket 0055 Reference to vice‐presidential candidate ? Make 0097 Other people within party reasons Card PARTY ONLY ‐‐ PARTY CHARACTERISTICS 0101 Traditional Democratic voter: always been a Democrat; just a Democrat; never been a Republican; just couldn't vote Republican 0102 Traditional Republican voter: always been a Republican; just a Republican; never been a Democrat; just couldn't vote Democratic 0111 Positive, personal, affective terms applied to party‐‐good/nice people; patriotic; etc. -
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. -
August 10, 2005 the Honorable Arlen Specter the Honorable Patrick J
August 10, 2005 The Honorable Arlen Specter The Honorable Patrick J. Leahy Committee on the Judiciary United States Senate Washington, DC 20510 Dear Chairman Specter and Senator Leahy: I am writing to express to you my concern about suggestions that one of John Roberts’ Supreme Court arguments reflects an ideology that leads him “to excuse violence against other Americans.” This assertion is based upon the role that Roberts played as Deputy Solicitor General in 1991 and 1992 in briefing and arguing on behalf of the United States in Bray v. Alexandria Clinic. Such a suggestion is unfair and unwarranted. The question in Bray was whether protests which blocked access to reproductive health clinics and which all agreed violated state civil and criminal trespass laws also violated a provision of the federal Ku Klux Klan Act of 1871. In his briefing and argument before the Supreme Court on behalf of the United States, Roberts argued that a particular provision of the 1871 Act in question only provided remedies against acts directed at a class of people defined by a class characteristic and that did not apply to those motivated by opposition to abortion. I disagreed with the position Roberts argued. But the question was a complex one, prior Supreme Court precedents had taken a narrow view of the provision, and in the end six Justices agreed with Roberts’ basic argument. (In response to Bray, Congress adopted new legislation – the Freedom of Access to Clinics Act – which, unlike the 1871 law, directly addressed the problem of clinic access and provided a more effective cause of action than would have been possible under the 19th Century law interpreted in Bray.) I also fear that some people will be left with the impression that Roberts is somehow associated with clinic bombers. -
Clarence Thomas Takes Oath As Court's 106Th Justice
THE SUPREME COURT HISTORICAL SOCIETY VOLUME XII NUMBER 4,1991 Clarence Thomas Takes Oath as Court's 106th Justice CourtesyLois Long, Officeof the Curator of the Court In a ceremony held on the South Lawn ofthe White House on October 18,1991, Judge Clarence Thomas took the officialoath of a federal government official prior to becoming the 106th member of the Supreme Court of the United States. Justice Byron R. White administered this oath. The judicial oath was a administered by ChiefJustice Willijun H. Rehnquist at a private fi&QSpfM ceremony on October 23, 1991 so that he might commence his work on the Court. A more traditional ceremonywasheld in the Supreme Court Chamber on November 1, 1991 in which Chief Justice Rehnquist readministered the oath to Justice Thomas who then assumed his seat on the Bench. Courtesy Lois Long, Office of the Curatorof the Court The ChiefJustice looks on as Justice Thomas signs his judicial oath of officeas part ofthe ceremony held at the Supreme Court on November 1,1991. Justice Thomas was sworn in at a public ceremony held in the Supreme Court Chamber. Justice Thomas fills the seat vacated by the retirement of Justice Thurgood Marshall. Justice Thomas was bornonJune23, 1948, inPinPoint, Georgia. Hisearly childhood years were spent in Georgia where he attended parochial school much ofthe time. After briefly attending Immaculate Conception Seminary in Mis souri , Justice Thomas entered Holy Cross College in Worcester, At a White House ceremony, Judge Clarence Thomas (left Massachusetts. He graduated from Holy Cross with honors, foreground) takes the olTiclal oath of office required of all finishing ninth in his class and then entered Yale Law School, government officials. -
Ranking Member John Barrasso
Senate Committee Musical Chairs August 15, 2018 Key Retiring Committee Seniority over Sitting Chair/Ranking Member Viewed as Seat Republicans Will Most Likely Retain Viewed as Potentially At Risk Republican Seat Viewed as Republican Seat at Risk Viewed as Seat Democrats Will Most Likely Retain Viewed as Potentially At Risk Democratic Seat Viewed as Democratic Seat at Risk Notes • The Senate Republican leader is not term-limited; Senator Mitch McConnell (R-KY) will likely remain majority leader. The only member of Senate GOP leadership who is currently term-limited is Republican Whip John Cornyn (R-TX). • Republicans have term limits of six years as chairman and six years as ranking member. Republican members can only use seniority to bump sitting chairs/ranking members when the control of the Senate switches parties. • Committee leadership for the Senate Aging; Agriculture; Appropriations; Banking; Environment and Public Works (EPW); Health Education, Labor, and Pensions (HELP); Indian Affairs; Intelligence; Rules; and Veterans Affairs Committees are unlikely to change. Notes • Current Armed Services Committee (SASC) Chairman John McCain (R-AZ) continues to receive treatment for brain cancer in Arizona. Senator James Inhofe (R-OK) has served as acting chairman and is likely to continue to do so in Senator McCain’s absence. If Republicans lose control of the Senate, Senator McCain would lose his top spot on the committee because he already has six years as ranking member. • In the unlikely scenario that Senator Chuck Grassley (R-IA) does not take over the Finance Committee, Senator Mike Crapo (R-ID), who currently serves as Chairman of the Banking Committee, could take over the Finance Committee. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
The Honorable Orrin Hatch the Honorable Ron Wyden Chairman Ranking Member United States Senate Committee on Finance United State
The Honorable Orrin Hatch The Honorable Ron Wyden Chairman Ranking Member United States Senate Committee on Finance United States Senate Committee on Finance Washington, DC 20510 Washington, DC 20510 The Honorable Greg Walden The Honorable Frank Pallone Chairman Ranking Member United States House Committee on United State House Committee on Energy & Commerce Energy and Commerce Washington, DC 20515 Washington, DC 20515 October 5, 2018 Dear Chairmen Hatch and Walden and Ranking Members Wyden and Pallone: On behalf of Nemours Children’s Health System (Nemours), I am writing to thank you for your commitment to addressing the opioid epidemic and particularly for your work on the conferenced opioid bill (H.R.6). We especially appreciate your inclusion of Sec. 1005, which addresses Centers for Medicare and Medicaid Services guidance related to Neonatal Abstinence Syndrome (NAS), as well as Sec. 1009, which addresses the provision of telehealth for substance use disorder, including in school based health centers. We appreciate the dedication of your staff in prioritizing the needs of the pediatric population. As you know, there is not currently consistency in terminology, delivery models and coding regarding NAS. Additionally, especially given the cost to Medicaid, there is great opportunity for states to learn from one another regarding payment models to test. The additional guidance and technical assistance included in Section 1005 of H.R. 6 will provide further clarity and assist in the dissemination of emerging best practices. Additionally, emerging evidence suggests that providing mental health services in schools is an effective way to identify and reach children with mental health needs, and that telehealth can be an effective tool in expanding access to mental health services.i Given that nearly half of Medicaid beneficiaries are children, the provisions in Section 1009 of H.R. -
John E. Sununu
(Trim Line) (Trim Line) John E. Sununu U.S. SENATOR FROM NEW HAMPSHIRE TRIBUTES IN THE CONGRESS OF THE UNITED STATES E PL UR UM IB N U U S VerDate Aug 31 2005 15:54 Aug 25, 2010 Jkt 047110 PO 00000 Frm 00003 Fmt 6687 Sfmt 6687 H:\DOCS\BYEBYE\BYEBYE08\47110.BST CRS2 PsN: SKAYNE congress.#15 (Trim Line) (Trim Line) John E. Sununu VerDate Aug 31 2005 15:54 Aug 25, 2010 Jkt 047110 PO 00000 Frm 00004 Fmt 6687 Sfmt 6687 H:\DOCS\BYEBYE\BYEBYE08\47110.BST CRS2 PsN: SKAYNE 47110.001 (Trim Line) (Trim Line) S. DOC. 110–28 Tributes Delivered in Congress John E. Sununu United States Congressman 1997–2003 United States Senator 2003–2009 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2010 VerDate Aug 31 2005 15:54 Aug 25, 2010 Jkt 047110 PO 00000 Frm 00005 Fmt 6687 Sfmt 6687 H:\DOCS\BYEBYE\BYEBYE08\47110.BST CRS2 PsN: SKAYNE (Trim Line) (Trim Line) Compiled under the direction of the Joint Committee on Printing VerDate Aug 31 2005 15:54 Aug 25, 2010 Jkt 047110 PO 00000 Frm 00006 Fmt 6687 Sfmt 6687 H:\DOCS\BYEBYE\BYEBYE08\47110.BST CRS2 PsN: SKAYNE (Trim Line) (Trim Line) CONTENTS Page Biography .................................................................................................. v Proceedings in the Senate: Tributes by Senators: Alexander, Lamar, of Tennessee ............................................... 15 Allard, Wayne, of Colorado ........................................................ 7 Bunning, Jim, of Kentucky ....................................................... 14 Collins, Susan M., of Maine ...................................................... 19 Conrad, Kent, of North Dakota ................................................. 3 Dorgan, Byron L., of North Dakota .......................................... 14 Enzi, Michael B., of Wyoming ................................................... 16 Feingold, Russell D., of Wisconsin ............................................ 8 Gregg, Judd, of New Hampshire .............................................. -
The Orrin Hatch – Bob Goodlatte Music Modernization Act
The Orrin Hatch – Bob Goodlatte Music Modernization Act A Guide for Sound Recordings Collectors This study was written by Eric Harbeson, on behalf of and commissioned by the National Recording Preservation Board. Members of the National Recording Preservation Board American Federation of Musicians National Academy of Recording Arts and Sciences Billy Linneman Maureen Droney Alternate: Daryl Friedman American Folklore Society Burt Feintuch (in memoriam) National Archives and Records Administration Alternate: Timothy Lloyd Daniel Rooney Alternate: Tom Nastick American Musicological Society Judy Tsou Recording Industry Association of America Alternate: Patrick Warfield David Hughes Alternate: Patrick Kraus American Society of Composers, Authors and Publishers SESAC Elizabeth Matthews John JosePhson Alternate: John Titta Alternate: Eric Lense Association for Recorded Sound Collections Society For Ethnomusicology David Seubert Jonathan Kertzer Alternate: Bill Klinger Alternate: Alan Burdette Audio Engineering Society Songwriters Hall of Fame George Massenburg Linda Moran Alternate: Elizabeth Cohen Alternate: Robbin Ahrold Broadcast Music, Incorporated At-Large Michael O'Neill Michael Feinstein Alternate: Michael Collins At-Large Country Music Foundation Brenda Nelson-Strauss Kyle Young Alternate: Eileen Hayes Alternate: Alan Stoker At-Large Digital Media Association Mickey Hart Garrett Levin Alternate: ChristoPher H. Sterling Alternate: Sally Rose Larson At-Large Music Business Association Bob Santelli Portia Sabin Alternate: Al Pryor Alternate: Paul JessoP At-Large Music Library Association Eric Schwartz James Farrington Alternate: John Simson Alternate: Maristella Feustle Abstract: The Music Modernization Act is reviewed in detail, with a Particular eye toward the implications for members of the community suPPorted by the National Recording Preservation Board, including librarians, archivists, and Private collectors. The guide attemPts an exhaustive treatment using Plain but legally precise language. -
Arlen Specter's Perfect Storm May 19, 2010 by Dr
Arlen Specter's Perfect Storm May 19, 2010 by Dr. G. Terry Madonna and Dr. Michael Young The political world watched almost stupefied as the national melodrama played itself out. The pre-primary polls told the startling story while the astonished pols read the increasingly clear tea leaves: Arlen Specter, Pennsylvania's longest serving U.S. Senator, arguably the state's most skilled and luckiest politician, was losing. And he was losing to an opponent few had heard of just about a month earlier, losing despite substantial advantages in money and party endorsements, losing despite support from the president, the vice president, and the state's governor. Specter was losing despite anything he or anyone else could do to stop it. Now, in the aftermath of the still shocking Specter defeat, the questions abound. Two in particular seem important to answer: Why did Specter lose? And what does it mean for the state and for the country? The first question seems easier to answer. Specter simply sailed into the perfect political storm. He was caught in a convergence of forces and factors over which he had minimal control. Everything went wrong for him: he was running for re-election against a tide of virulent anti-incumbency; he was the quintessential moderate in an era given over to the politics of polarization; he drew a younger, vigorous primary opponent not experienced enough to know he couldn't win; his age and many medical problems appeared to enfeeble him; and his five terms in office weighed him down with too many votes that had angered too many people.