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t
was ten years ago this October that the nation's eyes were fixed
on, of all things, a Senate confirmation hearing. On October 15,
1991, Justice Clarence Thomas was confirmed for the Supreme Court,
despite the rabid attempts to keep him off the bench. NRO spoke
with writer and lawyer Andrew Peyton Thomas (no relation), author
of the recently released book Clarence Thomas about the biography,
the justice, and the commentary surrounding him, ten years later.
Kathryn
Jean Lopez: What was your motivation for a book on Clarence
Thomas?
Andrew
Peyton Thomas: The book grew out of an article I wrote
for The Weekly Standard about Justice Thomas entitled "America's
Leading Conservative." When I learned that nobody had written
a full-length biography of him, I thought it was time to fill the
void with a book sympathetic to his life and work.
Lopez:
Goodness knows there have been enough negative books on Justice
Thomas. How many "friendly" ones are out there?
Thomas:
Not many. David Brock authored the most famous one, The
Real Anita Hill, portions of which Brock is now repudiating
to gin up publicity for his newest book, a broadside against the
same conservative movement that made him a wealthy man.
Lopez:
Tell me about Thomas and affirmative action. It's a crucial part
of his story, isn't it? So why isn't he a big pro-preferences guy?
Thomas:
Thomas benefited from affirmative action throughout his career;
a bright and ambitious young black man of his era could not have
failed to. He supported affirmative action as a college student,
but soured on racial preferences after learning that some of his
classmates and faculty at Yale Law School questioned his intellect
because of this assistance. As he became more conservative in later
years, he concluded that racial preferences were harmful to the
black community and even unconstitutional.
Lopez:
Thomas has slaves in his background, doesn't he? Bet that would
irk Jesse Jackson!
Thomas:
Thomas's family history goes back to two plantations in Georgia
on respective sides of his family. I thought it was important to
relate his family history against the backdrop of slavery and the
Civil War including Sherman's march through Georgia, which
touched both plantations to recall just how horrendous those
conditions were and the legacy of poverty and Jim Crow that Thomas
had to overcome.
Lopez:
How much access did you have to Justice Thomas and his confidants?
With his enemies?
Thomas:
Although aware of my Weekly Standard article, which was friendly,
Justice Thomas declined to participate in the biography. Only after
I began to interview his relatives and friends and study his life
more fully did I come to understand why he reacted this way. He
still bears many emotional scars from his confirmation hearings
and Anita Hill's historic defamation of him. Thomas also is an extremely
private man. Fortunately, many of his close relatives and friends
did participate, including both parents (the first interview granted
by his father), his sister, and friends and colleagues from childhood
to the Supreme Court, including fellow Justice Antonin Scalia. A
number of Thomas's detractors and Democrats on the Senate Judiciary
Committee also granted interviews.
Lopez:
After researching and writing Clarence Thomas, what's your
opinion of the confirmation hearings and all that followed after?
Has it changed any from before you started the book?
Thomas:
I was struck by how divided the Left was over Thomas's confirmation
namely, the rift between the black and feminist lobbies.
The former by and large either supported Thomas or were neutral
for the straightforward reason that he was a fellow African American.
The latter were viscerally hostile throughout the hearings
they feared, rightly, that Thomas would vote to overturn Roe
v. Wade and the engine behind Anita Hill's reluctant
appearance on the national stage. The Thomas hearings caused the
first major schism between these groups at the national level since
right after the Civil War, when white feminists, led by Susan B.
Anthony, insisted on the right to vote at the expense of blacks,
led by Frederick Douglass. I also found it fascinating that polls
of black voters were circulated in the Senate Democratic caucus
right before the final vote and that those polls, showing
huge support for Thomas following his "high-tech lynching"
speech, secured his confirmation.
Lopez:
What's the most surprising thing you learned during the course of
book writing?
Thomas:
Thomas is one of those rare individuals who move easily among all
races, classes, and intellects. He can converse with fellow Supreme
Court justices about the finest points of constitutional law, then
walk outside into the hallways and chat with the security guards
just as easily and meaningfully about last Sunday's football game.
This is quite a rare quality, one that distinguishes him as a man
who could have been a great politician had he chosen to pursue a
different route.
Lopez:
Any one message you want to get across to people about Thomas, politics
in America, law, or anything else in the book?
Thomas:
Say what you will about his philosophy or court opinions (I happen
to admire both), Thomas is no man's "clone." Far from
a mere reflection of Scalia's work, his jurisprudence is entirely
the result of his own considerable mental labors and powers. Thomas
is, in my opinion, the most fiercely independent person serving
in high public station today.
Lopez:
Do you have any reason to believe legal and political historians
will view Thomas differently than the media has over the last ten
years?
Thomas:
Fifty years from now, the feminist TV executives and journalists
who have trashed Thomas's reputation and burnished Anita Hill's
will be long gone, but Thomas's jurisprudence still will be cited
and debated and will continue to be as long as there is a
U.S. Constitution. History's view of Thomas will be corrected accordingly.
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