The Los Angeles Times highlights some of Justice Clarence Thomas’s more extreme solo opinions, most of which seem to be rooted in this: every year Thomas has his new clerks come to his home to watch a movie—”the 1949 film version of the classic of libertarian conservatism, Ayn Rand’s The Fountainhead.”
Explains a lot, and not just his willingness to be the only (often crazy) dissenter on key cases.
Among them, he has declared that the Constitution gives states a right to establish an official religion. Prisoners, he wrote, have no constitutional right to be protected from beatings by guards. Teenagers and students have no free-speech rights at all, he said in an opinion Monday, because in the 18th century, when the Constitution was written, parents had “absolute authority” over their children.Two years ago, the court ruled that a school official could not strip-search a 13-year-old girl to look for two extra-strength ibuprofen pills. Thomas — alone — dissented, calling the search of her underwear “reasonable and justified.”
Alone, he voted to strike down a key part of the Voting Rights Act that is credited with giving blacks political power in the South. And he was the lone justice to uphold the George W. Bush administration’s view that an American citizen could be held as an “enemy combatant” with no charges and no hearing….
“He is the most radical justice to serve on the court in decades,” said Erwin Chemerinsky, dean of the UC Irvine Law School and a liberal constitutional scholar. He “would change the law dramatically and give little weight to precedent. It’s easy to overlook how radical [he is] because his are usually sole opinions that do not get attention.”
He’s the Federalist Society’s dream Justice, a true “constitutional conservative.” Ed Kilgore writes about the radicalism of the movement in reference to Michele Bachmann, but it’s applicable here.
…[C]onstitutional conservatives think of America as a sort of ruined paradise, bestowed a perfect form of government by its wise Founders but gradually imperiled by the looting impulses of voters and politicians. In their backwards-looking vision, constitutional conservatives like to talk about the inalienable rights conferred by the Founders—not specifically in the Constitution, as a matter of fact, but in the Declaration of Independence, which is frequently and intentionally conflated with the Constitution as the part of the Founders’ design. It’s from the Declaration, for instance, that today’s conservatives derive their belief that “natural rights” (often interpreted to include quasi-absolute property rights or the prerogatives of the traditional family), as well as the “rights of the unborn,” were fundamental to the American political experiment and made immutable by their divine origin….The obvious utility of the label is that it hints at a far more radical agenda than meets the untrained eye, all the while elevating the proud bearer above the factional disputes of the conservative movement’s economic and cultural factions.
On the economic side of the coin, most mainstream politicians are not going to publicly say that the monstrosities they associate with ObamaCare, “redistribution of wealth,” or Keynesian stimulus techniques are rooted in their desire to reverse the New Deal, as well as a long chain of Supreme Court decisions that also happened to make possible the abolition of segregation. But many conservative activists actually think that way, and have in mind as their goal nothing so modest as a mere rollback of federal social programs to the levels of the Bush or even the Reagan administration. Bachmann and other candidates can talk to most voters as though they are simply trying to defend America from a vast overreach by the 44th president. But to the radicalized conservative base that dominates contests like the Iowa Caucuses, the constitutional conservative label hints broadly at a more audacious agenda ultimately aimed at bringing back the lost American Eden of the 1920s, if not an earlier era.
It’s an interesting concept for Thomas to align with, given that he would have been considered only 3/5ths of a man “in the 18th century, when the Constitution was written.” Or perhaps he’s interpreting it as three out of five African-Americans being counted, and assuming he’d of course be among the three. Of course, if we returned to his preferred era of governance, he could be in prison on the basis of his marriage alone. And it’s a pretty safe bet, had so many of the laws he has dissented from so strenuously not been passed and upheld, the last place he’d find himself now is on a seat in the highest court of the land.
All of which would only be an interesting quirk of Thomas’s personality if he weren’t part of an increasingly extreme majority on the court, manifesting this hard-right, highly corporatist, and dangerous philosophy. That he’s guided by Ayn Rand should be enough to put his place on the court in question, if his ethical lapses alone weren’t enough to do so.
By: Joan McCarter, Daily Kos, July 5, 2011
Filed under: Class Warfare, Conservatives, Constitution, Corporations, Democracy, Equal Rights, GOP, Government, Ideologues, Ideology, Iowa Caucuses, Politics, Public, Public Opinion, Republicans, Right Wing, SCOTUS, States, Voters Tagged: Ayn Rand, Constitutional Conservatives, Declaration of Independence, Enemy Combatants, Federalist Society, Founding Fathers, Free Speech, Justive Clarence Thomas, Natural Rights, New Deal, Politicians, Religion, Rep Michele Bachmann, Social Safety Nets, Voting Rights Act Image may be NSFW.
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