Commentary Magazine


Topic: Clarence Thomas

Liberals and the Race Card

In response to the GOP opposition to Ambassador Susan Rice potentially being nominated to be secretary of state, liberals are doing what is by now second nature for many of them: playing the race card. Never mind that the opposition is based on the fact that Ambassador Rice misled (knowingly or not) the nation about the lethal attacks on the Benghazi consulate. Never mind that Republicans who are critical of Ambassador Rice were supporters of Condoleezza Rice when she was nominated to be secretary of state and, before her, Colin Powell. Never mind the fact that Supreme Court Justice Clarence Thomas is admired by many Republicans and most conservatives — and has been treated maliciously by the left.

Those facts don’t fit the libel, so they’re ignored.

The Susan Rice episode is part of a deeper malady. During the presidential campaign liberals time and again accused Republicans of being racists and of using “dog whistles.” They wanted to put African Americans “back in chains,” in the words of Vice President Biden. If a Republican criticized President Obama on his retreat on welfare work requirements, it was motivated by racism. It reached such absurd levels that some liberal commentators like Chris Matthews and John Heilemann argued that referring to Chicago was evidence of racism. (Mr. Heilemann has recently graduated to making gay jokes about Republican senators. Classy.)

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Koch Protesters Call for Clarence Thomas’s Lynching

Ed Morrissey has an excellent roundup of the increasing incivility at the Koch protests. CONTENTIONS previously reported on the use of swastikas at the demonstration, and yesterday a video surfaced of protesters calling for Justice Clarence Thomas to be lynched.

The cameraman in the video asks attendees at the rally what should be done with Thomas after he’s impeached. Here are some of their answers:

Send him “back to the fields.” “String him up.” “Hang him.” “Torture.” One older woman wants his wife Ginny Thomas strung up as well. A younger and more creative woman wants Justice Thomas’ toes chopped off and forced-fed to him. Thomas isn’t the only one to get the necktie treatment; one protester wants Fox News executive Roger Ailes to get hung as well.

Common Cause has released a statement condemning the comments, asserting that the protesters who made them were outliers:

We condemn bigotry and hate speech in every form, even when it comes from those who fancy themselves as our friends.

Anyone who has attended a public event has encountered people whose ideas or acts misrepresented, even embarrassed, the gathering. Every sporting event has its share of “fans” whose boorish behavior on the sidelines makes a mockery of good sportsmanship; every political gathering has a crude sign-painter or epithet-spewing heckler.

Morrissey notes that “this is the exact same point that Tea Party organizers made when the media focused on the outliers (and usually provocateurs) that showed up at their rallies.”

Of course, the one difference is that the mainstream media has barely even touched this story. Can you imagine if this had been a Tea Party rally and protesters were making these same comments about President Obama?

The Unraveling of the New York Times‘s ‘Citizens United Scandal’ Story

Liberal advocacy group Common Cause has filed a DOJ petition against Justice Antonin Scalia and Justice Clarence Thomas, claiming that the justices’ attendance at a Koch Industry event represented a conflict of interest in last year’s Citizens United v. Federal Election Commission Supreme Court case. The organization wants the justices to retroactively recuse themselves from the case and for the Court to vacate its decision.

But while the New York Times tried to portray Common Cause’s petition as a serious legal challenge this morning, the holes in the group’s allegations have continued to grow as the day has progressed.

Common Cause argues that the Koch brothers “were among the main beneficiaries of the Supreme Court’s decision in the Citizens United case,” and by attending Koch-sponsored events, Scalia and Thomas could have had their votes influenced:

Common Cause said in its petition to the Justice Department that if either of the justices appeared before Mr. Koch’s group between 2008 and 2010, when the court was considering aspects of the Citizens United case, “it would certainly raise serious issues of the appearance of impropriety and bias.”

But according to Politico’s Ben Smith, Scalia and Thomas appear to have attended only one Koch event each — and both events took place long before the Supreme Court even knew about the Citizens United case:

But Eugene Meyer, the president of the conservative legal group the Federalist Society, told me today that Scalia spoke to the Palm Springs conference in January of 2007. Citizens United was only filed on December 17 of that year. Thomas spoke to the conference in January 2008, after the case had been filed in federal district court, but months before the Supreme Court took the case in August.

And legal experts I’ve spoken to have also dismissed the basis of Common Cause’s petition.

“I’ve never heard of somebody filing a motion saying we’d like you to disqualify yourself from a case you decided last year because three years before that you gave a speech on a different subject [at an event],” said Ronald Rotunda, the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence at Chapman University School of Law. “If it was an oral argument, it would be hard to say without snickering.”

Rotunda said that it’s common, and even encouraged, for judges to attend and speak at events, as long as they don’t discuss pending cases. “If the judges have to be disqualified because somebody within earshot talks about legal issues, it would mean judges couldn’t read the newspaper.”

Common Cause’s case seems so flimsy, in fact, that some have guessed it must be a publicity stunt. Which makes sense — the organization is currently gearing up for its anti-Koch rally with Van Jones, which the Times somehow neglected to add to its report.

Multiple attorneys I’ve spoken to have said that this case just isn’t going anywhere. Or, as Rotunda put it, “There’ll be some people laughing about it, and then it’ll disappear.”

I think that’s a safe bet. Maybe someone should let the New York Times in on the joke.

Alan Wolfe’s Silly Essay

Sometimes, well-educated people can write the silliest essays. Take Boston College professor Alan Wolfe, who has written an article — “Why Conservatives Won’t Govern” — in the Winter 2011 issue of Democracy: A Journal of Ideas.

According to Wolfe:

There is much to be learned from the way Republicans behaved during the first two years of the Obama Administration. If that history is any indication, the problem will no longer be that conservatives cannot govern. We are instead in for an era in which conservatives will not govern. [emphasis in the original]

The problem with the GOP, you see, isn’t that it is cynical, because even a cynic cares. “What we witness instead is nihilism,” Wolfe writes, “and in the most literal sense of the term.”

Nihilism, we are told,

is as dangerous a political stance as one can find. Unlike polarization, it guarantees that words become divorced from any underlying reality they are meant to describe, that those watching the spectacle turn away in disgust, that tactical maneuvering replaces all discussion of substantive policy issues, and that political opponents are to be treated as enemies to be conquered. Lacking regenerative qualities of its own, nihilism can never produce new sources of political energy.

In case the point isn’t clear enough, Wolfe goes on to write:

[C]onservative nihilism poisons the soil that allows any set of ideas, liberal or conservative, to grow … a party that will not govern does not wish to replace strong government with weak and decentralized government in order to show how often the public sector fails. It instead much prefers to make it impossible for government to carry out its functions in the first place. If its political strategy is nihilistic, its ultimate outcome is anarchistic … when it comes to government, [conservatives] are as nihilistic as Abbie Hoffman. … No 1960s radical ever went as far as so many twenty-first century conservatives are going now.

All told, Wolfe used some version of the word “nihilism” more than 30 times in describing Republicans and conservatives.

The editor who allowed this essay to be published did Professor Wolfe no favors. His arguments are not only foolish; they are delusional. Read More

Diversity Matters Only on the Left

As the New York Post‘s editors remind us:

Remember the “angry, racist Tea Party?” For months, that was the line pushed by Democrats, the NAACP and much of the mainstream media. Funny, though: The Tea Party-inspired wave that produced historic Republican wins also revealed a substantial diversity in the movement.

Two African-Americans — Tim Scott from South Carolina and Allen West from Florida — won election to the House of Representatives, the first black Republicans to serve there in eight years. In a victory showing how far his state has come, Scott’s road to Congress included a GOP runoff win over the son of the late Strom Thurmond — once the face of Jim Crow racial intolerance.

Those new office holders also include Nikki Haley, the second Republican governor of Indian descent and the first woman governor of South Carolina, as well as “America’s first Latina governor in New Mexico’s Susana Martinez; Nevada’s first Latino governor, in Brian Sandoval; Texas Rep.-elect Francisco ‘Quico’ Canseco and, yes, the breakout Tea Party superstar of the campaign — Florida’s Sen.-elect Marco Rubio, a son of Cuban exiles.” New Hampshire has a new woman senator, Kelly Ayotte. Republican Mary Fallin was elected Oklahoma’s first woman governor, and Jan Brewer was elected in Arizona.

You missed the cheering from MALDEF and the NAACP? You didn’t hear the howls from NOW when Christine O’Donnell and Sharron Angle were defeated by their male opponents? You see, “diversity” is only an election issue for the left when the right is short on it. And indeed, as with Justice Clarence Thomas and Miguel Estrada, these conservatives don’t really “count” as minorities, and the women aren’t “real” women in the eyes of the left; they are sellouts or worse. Because they don’t spout the victimology mantra and are not devotees of big government, they are not “authentic.”

Aside from helping to shed the GOP’s image as a “white male only” party, the election of these individuals – in addition to the views and attributes they will bring to their jobs — have performed an important service. They will, one suspects, mute the obsessive diversity chatter that treats candidates as representatives of racial or ethnic groups rather than of the people they serve. After all, Nikki Haley isn’t actual the Indian-American governor; she’s the governor of South Carolina. And that’s exactly as it should be. Unless, of course, the point is not diversity but the endless churning of racial grievances.

Flotsam and Jetsam

Every Supreme Court nominee is an advocate of judicial restraint, but not all justices are. Elena Kagan: “[T]he Supreme Court is a wondrous institution. But the time I spent in the other branches of government remind me that it must also be a modest one – properly deferential to the decisions of the American people and their elected representatives. … That process is often messy and frustrating, but the people of this country have great wisdom, and their representatives work hard to protect their interests. The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.” Like the choice to insist that military recruiters be given access to campuses?

Every Supreme Court confirmation hearing now seems like a charade. As Tom Goldstein noted: “There is nothing in her opening statement that would distinguish her from John Roberts or Sam Alito.” Except the fact that they really believed what they were saying.

By virtually every standard, Kagan is underqualified for the job: “Solicitor-General Elena Kagan practiced law at the Williams & Connolly firm here in the nation’s capitol for only two years, a much briefer stint than the 20.5 year average of other Supreme Court Justices who had no prior judicial tenure before joining the nation’s highest court.”

Not every case is as important as McDonald v. Chicago. Steven Calabresi: “The McDonald holding will lead to a slew of additional challenges against state and municipal laws around the country regulating or restricting the firearms rights of law-abiding citizens. Justice Alito’s opinion is also of tremendous importance because it is based on the premise that substantive due process rights must be deeply rooted in American history and tradition before the Supreme Court can protect them.”

Every new utterance by Peter Beinart is wackier than the last. “Even as Republicans claim political momentum, the country is in the midst of a major shift leftward when it comes to the role of government.” Yeah, right. Well, if every poll on the subject is wrong, I suppose this could be true.

Obama’s “reset” means giving in to every Russian demand without extracting anything in return. David Christy thinks we shouldn’t “feed the Russian bear” when it comes to entry into the WTO: “Everyone is focused on timing, but the issue is not whether or when Russia should join, but the terms. The fact of the matter is that Russia has yet to accept a set of commitments that justifies entry into the WTO. Terms that are too soft might have a negative impact on the WTO, Russia’s trading partners, and, in the long term, Russia itself.”

Every time someone calls Robert Byrd legendary, remember: “He participated in a filibuster of the 1964 Civil Rights Act and was the only member of the Senate to vote against the confirmation of both Thurgood Marshall and Clarence Thomas to the Supreme Court.”

Will a Pro-Israel Record Save Specter, Sink Sestak?

One of the sidebar stories of the battle for Pennsylvania’s Democratic Senate nomination is the way in which incumbent Arlen Specter has tried to use his support of Israel in order to fend off the challenge from Rep. Joe Sestak.

Despite his many other failings as a veteran political weather vane devoid of an ounce of principle, Pennsylvania’s senior senator has been a fairly reliable supporter of the Jewish state during his three decades in office. As such, he has been able to command the support of the mainstream pro-Israel community, in all of his re-election battles. Indeed, in 1992, when, in the aftermath of his tough questioning of Anita Hill, Specter had his toughest general-election challenge, his victory over Democrat Lynn Yeakel could well be credited to the Israel factor. Yeakel, a liberal Democrat whose prime motivation for running was to get revenge for Specter’s rough cross-examination of Clarence Thomas’s accuser, was defeated in no small measure because of her membership in a Presbyterian church that was a hotbed of anti-Israel incitement. Yeakel refused to disavow her pastor or the church (a lesson that Barack Obama might well have profited from when he eventually disavowed Jeremiah Wright), and Specter, with the active assistance of local pro-Israel activists, clobbered her for it and was returned to Washington.

Since then the bond between pro-Israel activists and Specter has stood the test of time. Not even Specter’s bizarre championing of the Assad regime, which he repeatedly visited over the years to the consternation of both Republican and Democratic presidents, diminished his ability to rally his co-religionists as he routinely grabbed the lion’s share of the normally monolithic Democratic Jewish vote.

Indeed, though Specter’s party switch last year to save his political skin in the face of certain defeat in a Republican primary left a bad taste in many voters’ mouths, most Jewish Democrats rejoiced that the man that they had voted for as a Republican could now be supported on the more familiar Democratic line. And though Jewish Democrats in Pennsylvania are not numerous enough to be able to swing any election, high Jewish turnout in a primary where turnout is expected to be low cannot be dismissed as a non-factor.

Specter also could count on his Democratic challenger Joe Sestak’s far from sterling record on Israel. In 2007, Sestak spoke at a fundraiser for CAIR – the pro-Hamas front group that was implicated in the Holy Land Foundation federal terror prosecution. And he has signed on to congressional letters criticizing Israel’s measures of self-defense against terrorists and refused to back those bipartisan letters backing the Jewish state on the issue of Jerusalem. Though his stands on other foreign-policy issues, such as continuing the fight against al-Qaeda and the Taliban in Afghanistan, are better than those of Specter (who tried to curry favor with the left by backing a policy of cutting and running in Afghanistan), Sestak seems to be J Street’s idea of a model congressman.

But the question facing Specter as Pennsylvania Democrats headed to the polls today in the rain is whether even a solid pro-Israel record will be enough to convince Jewish Democrats to stay with him despite a rising anti-incumbent tide. And if, as recent polls indicate, Sestak wins tonight, the stage will be set for a true test of the Jewish vote in November. If the general-election match-up turns out to be a race between Sestak and the conservative but impeccably pro-Israel Pat Toomey, Jewish Democrats who care about Israel will then be forced to choose between their party loyalty and the need to keep a Senate seat in the hands of a friend of the Jewish state. A full-page ad that appeared in Philadelphia’s Jewish Exponent last week lambasted Sestak for his record on Israel and asked voters to “not allow Joe Sestak to represent you in the U.S. Senate.” The ad seemed to draw a line in the sand for some of the prominent Jewish Democrats listed as having signed the statement. If the polls are right and Specter’s long career is now at an end, then those Democrats will have a difficult time explaining a decision to support Sestak against a man like Toomey who can be counted on to stand up to a White House whose animus for Israel may be a major issue in the coming years.

Is Reid the Best They Can Do?

Pundits are divided: is Harry Reid a racist or just a buffoon? I tend to agree with Mark Steyn and Matt Yglesias (hard to believe there would ever be an occasion to write those words):

It’s good that Reid apologized, but at the same time you can’t really apologize for being the sort of person who’d be inclined to use the phrase “negro dialect” and it’s more the idea of Reid being that kind of person that’s creepy here than anything else.

Ruth Marcus put it this way:

For anyone in public life to use the word “Negro” in 2008 is beyond stupid. What was once polite has become demeaning. (Although, interestingly enough, the U.S. Census chose to retain the word on the 2010 census form because so many respondents wrote it in 10 years ago.) The lame explanation offered by an aide — that the remarks were not intended for use in the book — is about as convincing as Jesse Jackson’s assertion that he did not consider his “Hymietown” comments to the Washington Post’s Milton Coleman on the record. (“Let’s talk black talk,” Jackson had said to Coleman.)

Nor is this the only time Harry Reid showed an odd obsession with the manner in which prominent African Americans express themselves. It was Reid who declared of Justice Clarence Thomas: “I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written.” (He nevertheless had kind words for Justice Scalia, the other sharp-penned conservative on the court.) And then there was his remark that Republicans who opposed ObamaCare were comparable to those who opposed the repeal of slavery. It is hard to think of another figure in public life who is so tone-deaf on matters of race.

There is something, well, just not right about Reid’s propensity to toss around incendiary racial analogies and observations. Goodness knows what’s in his heart, but this simply isn’t what we expect of public leaders, who, if they can’t think of something helpful or enlightening to say on race relations, should at the very least keep quiet. Honestly, is he the best that the Democrats can do for a majority leader, or the best the people of Nevada can do for a senator? I suppose we’ll find out in November. But the Democrats’ insistence that there’s nothing wrong with Reid aside from a slip of the tongue (well, lots and lots of them) or nothing wrong enough to be disqualifying rings hollow. You’d think they’d at least prefer someone who doesn’t absorb days of media attention in apology mode.

You might expect the Democratic establishment to quietly encourage him to follow Chris Dodd’s example. In circling the wagons around their wounded and increasingly embarrassing leader, the Democrats in D.C. are passing the buck to Nevada voters, who, I suspect, will be more anxious than ever to elect someone more in line with their views and less offensive in his public rhetoric.

Flotsam and Jetsam

It’s hard to believe that pro-choice Democrats actually think Barbara Boxer helps their cause. Really, she can figure out why Viagra funding and abortion subsidies are different, right?

Sen. Ben Nelson’s Stupak-like abortion-funding amendment goes down to defeat 54-45. We’ll see if the vote comes back to haunt Blanche Lincoln and other supposedly pro-life Democrats who voted against it.

More important, will Nelson keep his word to filibuster ObamaCare without his amendment? “The Senate voted against strengthening restrictions against federal funding of abortion Tuesday evening, a development that could imperil Democrats’ efforts to pass an underlying healthcare reform bill. … Reid needs to hold together the entire 60-member Democratic caucus if he hopes to pass the healthcare reform bill. Losing Nelson would be fatal unless Reid made concessions in other areas to win the votes of Snowe or other GOP senators.”

Even before that vote, Rasmussen reported that “only 41% of U.S. voters favor the health care plan proposed by the president and congressional Democrats … [while] 51% oppose the plan. And as has been the case for months, the emotion’s on the [side] of the naysayers: 40% Strongly Oppose the plan, while just 23% Strongly favor it.”

The war on Fox and the Chamber of Commerce is expanding to Gallup. Yes, Gallup. Perhaps NPR will instruct Mara Liasson not to mention Gallup anymore. Just to be helpful, you know.

James Taranto on one of the political mysteries of our age, in the wake of Harry Reid’s slavery smear of Republicans (members of the party of Lincoln): “He has a propensity for saying things that are splenetic, inappropriate and ignorant, such as his embarrassing series of claims a few years ago that Clarence Thomas was unintelligent. This, however, raises a question that has long puzzled us about Reid: How did such an unappealing man who says so many foolish things get so far in politics? He has been elected to Congress six times, and the Senate’s Democrats chose him as their leader. Maybe he has exceptional backroom skills, or comes across better in person than on television. … Still, his success to this point seems something of a miracle–an inspiration to dour, foolish men everywhere.”

Unlike the White House, the public is not ignoring Climategate, it seems: “For the first time in more than two and a half years, a majority of the American public no longer believes global warming is a ‘proven fact’ that is mostly caused by man, according to a new CNN/Opinion Research. Only 45% of those surveyed agreed with the statement that ‘Global warming is a proven fact and is mostly caused by emissions from cars and industrial facilities such as power plants and factories.’ That number is down from 54% who agreed with the statement in June of last year and in May of 2007.”

From the Washington Post, no less: “If Obama and Congress were really as serious as they say they are about reducing unemployment, they would at least be willing to discuss rolling back last July’s minimum wage increase. It would create some jobs for those who need them most, and it would not cost taxpayers a dime. Yes, those who get hired at a reduced minimum wage would have to work for less. But at least they’d be working.”

Legal Conservatives Endorse McCain

Steven Calabresi, Professor of Law at Northwestern University and co-founder of the premiere conservative legal organization, The Federalist Society, who previously backed Rudy has now endorsed John McCain. In an e-mail to me he explained:

I have endorsed Senator McCain and think he would be an excellent president because he is tough on foreign policy, committed to spending restraint which is the key to small government, and because he has consistently voted for good judicial nominees in tough fights like Robert Bork and Clarence Thomas. I am not troubled by his role as a member of the gang of 14 because I think the compromise he forged got us cloture on Roberts and Alito and produced three excellent lower court judges: Bill Pryor, Janice Rogers Brown, and Priscilla Owen.

Conservative legal scholar and former Solicitor General Charles Fried, another ex-Rudy supporter, also informed me that he “immediately, readily and enthusiastically switched to McCain” after Rudy dropped out.

These and future endorsements from other legal conservatives may help calm nerves of some in the base who remain suspicious of McCain’s commitment to appointing conservative judges.

Frank Rich’s Minstrels

In his most recent New York Times column excoriating Supreme Court Justice Clarence Thomas, Frank Rich wrote:

The “compassionate conservative” [President Bush] who turned the 2000 GOP convention into a minstrel show to prove his love of diversity will exit the political stage as the man who tilted American jurisprudence against Brown v. Board of Education. He leaves no black Republican behind him in either the House or Senate.

That there are so few black Republicans is hardly for President Bush’s—or the Republican Party’s—lack of trying. In 2006, the GOP ran several black candidates for major office. Former NFL star Lynn Swann ran unsuccessfully for governor of Pennsylvania, and is now running for Congress. Ken Blackwell, a former Ohio Secretary of State, also ran for governor but lost (perhaps this is the reason why Rich only makes mention of the House and Senate, and not state-level offices). And in Maryland, former lieutenant governor Michael Steele ran for Senate and lost. At a 2002 gubernatorial debate, audience members allegedly rolled Oreo cookies on the floor to signify their disgust with a black man who would dare join the Republican Party. Granted, two of these three men ran for state, and not federal offices, but Rich’s point is to impute racism and “tokenism” onto Bush and the GOP.

To those who truly believe in the principles of the Civil Rights movement, the skin color of candidates should not matter. But this is something that obviously matters very much to Frank Rich—except, (or, perhaps, especially), when those black candidates are Republicans, and thus need to be defeated.