Clarence Thomas Takes Oath As Court's 106Th Justice
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
In the Letter
Attorneys General of Louisiana, Indiana, Georgia, Alabama, Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia September 30, 2020 The Honorable A. Mitchell McConnell The Honorable Charles Schumer Majority Leader Minority Leader United States Senate United States Senate 317 Russell Senate Office Building 322 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 [email protected] [email protected] The Honorable Lindsey Graham The Honorable Dianne Feinstein Chairman Ranking Member Committee on the Judiciary Committee on the Judiciary 290 Russell Senate Office Building 331 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 [email protected] [email protected] Re: Support for the confirmation of Judge Amy Coney Barrett to the Supreme Court of the United States Dear Senators: We, the undersigned Attorneys General of our States, write to urge the Senate to promptly hold a hearing on and confirm the nomination of Judge Amy Coney Barrett to the Supreme Court of the United States. Judge Barrett is a distinguished legal scholar and an exceptional appellate judge with a track record of interpreting the Constitution according to its text and original public meaning. As we are sure your review of her exemplary record will reveal, she has the qualifications, experience, and judicial philosophy to be an outstanding Associate Justice. We are aware that there are those who believe the Senate should not hold a hearing on the President’s nominee. In response, we quote excerpts from a 2016 letter sent to the Senate by the Attorneys General of California, New York, and 17 other states: “The Constitution clearly sets out the process for filling a Supreme Court vacancy. -
The US Supreme Court and Criminal Justice Policy
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy Christopher E. Smith Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Criminal Law Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation Smith, Christopher E. (1997) "The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy," Akron Law Review: Vol. 30 : Iss. 1 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol30/iss1/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Smith: The U.S. Supreme Court and Criminal Justice Policy The Impact of New Justices: The U.S. Supreme Court and Criminal Justice Policy by * Christopher E. Smith I. Introduction The Supreme Court is an important policy-making institution. In criminal justice,1 for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations2 through corrections and parole.3 The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. -
Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
TABLE OF CONTENTS VOLUME 1 Bill of Rights 66 Birth Control and Contraception 71 Abington School District v. Schempp 1 Hugo L. Black 73 Ableman v. Booth 1 Harry A. Blackmun 75 Abortion 2 John Blair, Jr. 77 Adamson v. California 8 Samuel Blatchford 78 Adarand Constructors v. Peña 8 Board of Education of Oklahoma City v. Dowell 79 Adkins v. Children’s Hospital 10 Bob Jones University v. United States 80 Adoptive Couple v. Baby Girl 13 Boerne v. Flores 81 Advisory Opinions 15 Bolling v. Sharpe 81 Affirmative Action 15 Bond v. United States 82 Afroyim v. Rusk 21 Boumediene v. Bush 83 Age Discrimination 22 Bowers v. Hardwick 84 Samuel A. Alito, Jr. 24 Boyd v. United States 86 Allgeyer v. Louisiana 26 Boy Scouts of America v. Dale 86 Americans with Disabilities Act 27 Joseph P. Bradley 87 Antitrust Law 29 Bradwell v. Illinois 89 Appellate Jurisdiction 33 Louis D. Brandeis 90 Argersinger v. Hamlin 36 Brandenburg v. Ohio 92 Arizona v. United States 36 William J. Brennan, Jr. 92 Arlington Heights v. Metropolitan Housing David J. Brewer 96 Development Corporation 37 Stephen G. Breyer 97 Ashcroft v. Free Speech Coalition 38 Briefs 99 Ashwander v. Tennessee Valley Authority 38 Bronson v. Kinzie 101 Assembly and Association, Freedom of 39 Henry B. Brown 101 Arizona v. Gant 42 Brown v. Board of Education 102 Atkins v. Virginia 43 Brown v. Entertainment Merchants Association 104 Automobile Searches 45 Brown v. Maryland 106 Brown v. Mississippi 106 Bad Tendency Test 46 Brushaber v. Union Pacific Railroad Company 107 Bail 47 Buchanan v. -
Justice Sandra Day O'connor: the World's Most Powerful Jurist?
JUSTICE SANDRA DAY O'CONNOR: THE WORLD'S MOST POWERFUL JURIST? DIANE LOWENTHAL AND BARBARA PALMER* I. INTRODUCTION Justice Sandra Day O'Connor has been called a "major force on [the] Supreme Court,"' the "real" Chief Justice, 2 and "America's most powerful jurist."' 3 Others have referred to her as "the most 5 powerful woman in America" 4 and even of "the world.", Even compared to women like Eleanor Roosevelt and Hillary Clinton, there is no one "who has had a more profound effect on society than any other American woman... If someone else had been appointed to her position on the court, our nation might now be living under different rules for abortion, affirmative action, race, religion in school and civil rights. We might well have a different president." 6 Former Acting Solicitor General Walter Dellinger noted, "What is most striking is the assurance with which this formerly obscure state court judge effectively decides many hugely important questions for a country of 275 million people.",7 As one journalist put it, "We are all living in * Diane Lowenthal, Ph.D. in Social and Decision Sciences, Carnegie Mellon University and Barbara Palmer, Ph.D. in Political Science, University of Minnesota, are assistant professors in American University's Washington Semester Program. The authors would like to thank their undergraduate research assistants, Amy Bauman, Nick Chapman-Hushek, and Amanda White. This paper was presented at October 28, 2004 Town Hall The Sway of the Swing Vote: Justice Sandra Day O'Connor and Her Influence on Issues of Race, Religion, Gender and Class sponsored by the University of Maryland Law Journal of Race, Religion, Gender and Class and the Women, Leadership and Equality Program. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
Strategic Decision-Making and Justiciability
Deciding to Not Decide: A Longitudinal Analysis of the Politics of Secondary Access on the U.S. Supreme Court A dissertation submitted to Kent State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy by Andrew Povtak May 2011 Dissertation written by Andrew Povtak B.A., Case Western Reserve University, 2000 J.D., Cleveland State University, 2004 Approved by _____________________________, Chair, Doctoral Dissertation Committee Christopher Banks _____________________________, Members, Doctoral Dissertation Committee Ryan Claassen _____________________________, Mark Colvin _____________________________, Elizabeth Smith-Pryor _____________________________, Graduate Faculty Representative Stephen Webster Accepted by ______________________________, Chair, Department of Political Science Steven Hook ______________________________, Dean, College of Arts and Sciences John R.D. Stalvey ii Table of Contents List of Tables…………………………………………………………………...iv Acknowledgements……………………………………………………………v Chapter 1 – Introduction………………………………………………………1 I. An Overview of the U.S. Supreme Court………………………...3 II. Jurisdictional and Procedural Doctrines…………………………8 III. The Elements of Justiciability: Standing, Timing, and Political Question…………………………………………11 IV. Justiciability Issues: Legal and Political Science Research…..18 V. Data and Methods………………………………………………....28 VI. Conclusion…………………………………………………………41 Chapter 2 – Assessing the Attitudinal and Legal Models…………………42 I. Literature Review: Models of Individual Justice Voting -
Justice John Paul Stevens and Capital Punishment by Christopher E. Smith
ISSUE 15.2 FALL 2010 Justice John Paul Stevens and Capital Punishment By Christopher E. Smith† I. INTRODUCTION The formal announcement in April 2010 of Justice John Paul Stevens‘s impending retirement1 elicited a torrent of analyses2 and recollections about his career. 3 As one of the longest-serving Justices in Supreme Court history, 4 Stevens gained recognition in † *Professor of Criminal Justice, Michigan State University. A.B., Harvard University, 1980; M.Sc., University of Bristol (U.K.), 1981; J.D., University of Tennessee, 1984; Ph.D., University of Connecticut, 1988. I am grateful for the work of my undergraduate research assistant, Netkeitha Heath, who helped to organize information about Supreme Court decisions from 1976 through 2008. 1 Robert Barnes & William Branigan, Justice John Paul Stevens Announces His Retirement from Supreme Court, WASH. POST, Apr. 10, 2010, http://www.washingtonpost.com/wp- dyn/content/article/2010/04/09/AR2010040902312.html. 2 See, e.g., Tony Mauro, A Legacy of Independence on the Court, NAT‘L L.J., Apr. 12, 2010, http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202447880552; Marcia Coyle, Criminal Justice Will Never Be the Same, NAT‘L L.J., Apr. 12, 2010, http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202447880425; Linda Greenhouse, Op-Ed., One Man, Two Courts, N.Y. TIMES, Apr. 11, 2010, http://www.nytimes.com/2010/04/11/opinion/11greenhouse.html. 3 Susan Estrich, Eduardo M. Penalver, Jeffrey L. Fisher, Cliff Sloan, Deborah N. Pearlstein & Joseph Thai, Op-Ed., My Boss, Justice Stevens, N.Y. TIMES, Apr. 11, 2010, http://www.nytimes.com/2010/04/11/opinion/11stevens.html. -
The Truth About Clarence Thomas and the Need for New Black Leadership
THE TRUTH ABOUT CLARENCE THOMAS AND THE NEED FOR NEW BLACK LEADERSHIP Stephen F. Smith* It has been almost nine years since Associate Justice Clarence Thomas was confirmed as the 106th Justice of the United States Supreme Court. During that time, he has come under sharp and unrelenting criticism from almost all segments of the media.1 Indeed, some of his harshest attacks hdve come from the civil rights community, which one would have expected to welcome the ascent of a black American to the pinnacle of his profession. For example, at the 1995 convention of the National Association for the Advancement of Colored People ("NAACP"), Justice Thomas was repeatedly called a "pimp" and a "traitor."2 Retired U.S. Court of Appeals Judge A. Leon Higginbotham, whom some in the civil rights community had hoped would succeed the late Justice Thurgood Marshall on the Supreme Court, entered the fray in the years prior to his death, arguing in a recent speech that Justice 3 Thomas is "dragging blacks back to the oppression of the past." Is all this part of some personal vendetta against Justice Thomas? Maybe in part, but far more is at work here. Clearly, the debate about Justice Thomas (which has almost uniformly been one-sided and mean- spirited) involves more than a referendum on the man's character and jurisprudential views. Simply put, the relentless assaults on the Justice are part and parcel of a larger struggle for the hearts and minds of black America, a veritable last gasp of those who have traditionally viewed themselves as leaders of the black community to maintain their hold on power and of the liberal Democrats to maintain control over their core constituency. -
Supreme Court Riddle: Who Voted to Hear the Sports- Betting Case?
Supreme Court Riddle: Who Voted To Hear The Sports- Betting Case? 22ND FEB 2018 | WRITTEN BY: TONY BATT The mystery surrounding the U.S. Supreme Court’s decision to hear New Jersey’s appeal of a federal sports-betting ban is almost as intriguing as how the court will rule on the case later this year. Out of 10,000 petitions for certiorari every year, the Supreme Court agrees to hear about 80 appeals, or less than 1 percent, according to the website FindLaw. For an appeal to overcome these astronomical odds, four justices must vote to hear the case. The votes are revealed in a private conference of the nine members of the Supreme Court. The least senior justice begins the voting process which continues according to seniority until the most senior justice’s vote is recorded. The votes are included in notes taken by the least senior justice who gives them to the clerk of the Supreme Court after the conference. New Jersey failed to gain four votes when the Supreme Court denied the state’s first sports-betting appeal on June 23, 2014. But three years and four days later, the Supreme Court announced it would hear New Jersey’s second sports-betting appeal and a ruling is expected before the end of June. The only justice who did not participate in the 2014 vote is Neil Gorsuch, who succeeded the deceased Antonin Scalia last year. Gorsuch seems to be at the top of the list of justices who might have voted to hear New Jersey’s appeal.