Justice Thomas Finds Himself in Inauguration Controversy

Legal Times ^ | February 17, 2005 | Tony Mauro

[Law]

A week before Supreme Court Chief Justice William Rehnquist swore in President George W. Bush to a second term as president last month, Justice Clarence Thomas presided over a little-noticed inauguration inside the Court building that has generated some controversy.

In an invitation-only ceremony, Thomas on Jan. 13 gave the oath of office to newly elected Alabama Supreme Court Justice Tom Parker, a close protégé and former aide to one-time Alabama Chief Justice Roy Moore. Moore was ousted from office in 2003 for defying a federal court order to remove a Ten Commandments monument from the judicial building rotunda in Montgomery, Ala.

Barry Lynn, executive director of Americans United for Separation of Church and State, says that by associating himself with someone closely identified with Moore, Thomas was "thumbing his nose" at current church-state doctrine just weeks before the Supreme Court considers two cases on the constitutionality of displays of the Ten Commandments on public property. "If Thomas ever had any chance of becoming chief justice, this action should kill it," says Lynn.

Parker declines to be interviewed about the event, stating through a spokesman, "I was honored that Justice Thomas would swear me in, but it was a private ceremony. I will continue to treat it as such out of respect for him."

How did the high court event come about? In a statement issued on the day he was sworn in, Parker said, "Shortly after I was elected, I requested to be sworn in by Justice Thomas because if anyone symbolizes courage under fire, it's Justice Clarence Thomas. He is a man who stands up for what he believes and defends our Constitution even when viciously attacked."

[Law]

Hat tip to Alabama voters for electing Tom Parker to the state Supreme Court. He'll be a worthy successor to Roy Moore, if Barry Lynn's vicious attacks are any indication.

[ladtx]

What a stretch. Justice Thomas swears in a judge who knows another judge who has done something that may be questionable in some eyes (Lynn's) and he should be damned for it? Like I said, what a stretch.

[gridlock]

Guilt by association, Mr. Lynn? Actually, this is guilt by association with somebody who is associated with somebody who is association. Guilt by association in the third degree.

I'm sure Kevin Bacon is sitting around somewhere wondering why Mr. Lynn is sending him e-mails attacking him for his association with Ishtar...

[Dog Gone]

What controversy? Judge Thomas did the required customary act and nothing more. He deserves neither credit nor blame for that.

[VRWCisme]

Is it usual practice for a state supreme court justice to be sworn in by a federal judge? I would think that the federal-state line was crossed, not the church-state line. Unless of course it's customary for a state to hand off the swearing in of its state chief to a federal justice.

[frogjerk]

Thomas was "thumbing his nose" at current church-state doctrine just weeks before the Supreme Court considers two cases on the constitutionality of displays of the Ten Commandments on public property.

What so-called church-state doctrine? The Left just loves to invent clauses and rights that don't exist in the Constitution...

[Law]

When Justice Parker was invested, he gave the following remarks, excerpted by the Legal Times article. I suspect they contributed to Barry Lynn's rage:

May it please the Courts. Governor, Public Officials, friends and family, thank you for being here today.

The defining question for the American people today is this: “By what standard?”

By what standard shall we govern ourselves? By what standard shall our courts interpret the Constitution? Who is the ultimate voice of authority? Is it the people? Is it the judges who wear black robes? Are they truly the ultimate voice of authority? Or is there a higher source from which even the legitimacy of constitutions ultimately derive their authority, and to whom the allegiance of every policy maker and judge is due?

Our Founding Fathers answered this question with resounding clarity when they boldly declared that “We are endowed by our CREATOR with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.”

With these twenty-five simple words, that remarkable delegation of citizen patriots was able to declare with stunning precision what fewer and fewer modern jurists seem able to understand or communicate in their many thousands of pages of decisions rendered during the course of a lifetime.

Namely, this: The very God of Holy Scriptures, the CREATOR, is the source of law, life and liberty. It is to Him, not evolving standards or arbitrary pronouncements of judges, that the leaders of every nation owe their ultimate allegiance.

The most influential jurist on the thinking of our Founding Fathers, Sir William Blackstone, put it this way:

The doctrines thus delivered we call revealed or divine law, and they are to be found only in Holy Scriptures. Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human law should be suffered to contradict these.

Blackstone would add a cautious reminder: Judges do not make law; they do but discover it from its true source.

Yesterday, January 13th, 2005, I was administered the oath of office at the United States Supreme Court building by the leading advocate in our land for original intent interpretation of the Constitution, U. S. Supreme Court Justice Clarence Thomas. Just moments before I placed my hand on the Holy Scripture, Justice Thomas soberly addressed me and all in attendance. He admonished us to remember that the work of a justice should be evaluated by one thing and one thing only----whether or not he is faithful to uphold his oath, an oath which, as Justice Thomas pointed out, is not to the people, not to the state, and not to the constitution, but an oath which is to God Himself.

Today, I once again placed my hand on the Bible, God’s Holy Word. On this day the oath was administered to me by a man who is well known to each of you, a man who sacrificed his very office in the holy cause of liberty. Chief Justice Roy Moore of the Supreme Court of Alabama understood that oaths are sworn to the Creator, that they must be upheld, and that no judge or set of justices may banish from the courtroom the very source of authority which gives legitimacy to law itself.

As I took the oath of office today, I placed my hand on the Biblical charge to judges:

“Consider carefully what you do, because you are not judging for man, but for the Lord, who is with you whenever you give a verdict. Now let the fear of the Lord be upon you. Judge carefully, for with the Lord our God there is no injustice or partiality or bribery. …You must serve faithfully and wholeheartedly in the fear of the Lord.” (2 Chronicles 19:6-9)

I stand here today, humbled by this charge, but a grateful man who aspires to adhere to that tradition embodied in the sentiments spoken to me yesterday by Justice Clarence Thomas, and the commitment to our Founders’ vision of authority and the rule of law personified by Chief Justice Roy Moore.

As I took the oath of office yesterday at the U.S. Supreme Court, I placed my hand on those Scriptures which represent my defining prayer not only for this Court, but for every court in our great land. This prayer is summarized in the words of the Lord, who spoke through the prophet Isaiah, declaring:

I will restore your judges as in days of old, and your counselors as at the beginning. Afterward you shall be called, The City of Righteousness, the Faithful city. (Isaiah 1:26)

Thank you for the great honor bestowed upon me today. I will always view my oath as solemn, binding and mission-defining.

May God guide us and direct us. May we boldly proclaim that it is God, Jesus Christ who gives us life and liberty. May we, as justices who have taken oaths to our God, never fear to acknowledge Him. And may the Alabama Supreme Court lead this nation in our gratitude, humility and deference, to the only true source of law, our Creator.

Thank you.

[camle]

how dare Clarence Thomas do his job! Is he supposed to refuse and have another justice perform the task? Would that other justice be subjected to the same abuse? Should the position be declared vacant because the voters chose the "wrong" candidate?

if you beleive that this Lynn guy would oppose CLarence Thomas for chief justice only because of this, then I have a bridge to sell you in New York!

This dude wouldn't support Thomas for anything anyway, so let the justice do what he's paid for and let him alone willya?

[Law]

Is it usual practice for a state supreme court justice to be sworn in by a federal judge?

It's not usual but it's hardly rare. There is no special rule as long as the person administering the oath is a judge.

[Howlin]

Guilt by association, Mr. Lynn? Actually, this is guilt by association with somebody who is associated with somebody who is association. Guilt by association in the third degree.

Oh, this is old hat for the Dems; one of Bush's nominees for a judgeship (I can't remember which one) was objected to by the Democratic staff of the Judiciary Committee because of a law suit the law firm he had worked for was involved in BEFORE he went to law school.

[Wonder Warthog]

"Guilt by association in the third degree."

Hey, that's the way the "kind, compassionate" left thinks.

[auboy]

Barry Lynn should be sued for using the words "Americans United" in the name of his bogus organization.

[G.Mason]

"some controversy" from some fringe (sorry Sean) groupie leader?

Well, blow me down!

The poor Leftists will be completely out of breath by 2006, and then there will be another two years of President Bush.

Life is good!

[Howlin]

Here is the dastardly deed!

Tom Parker is administered the oath of judicial office by U.S. Supreme Court Justice
Clarence Thomas. Tom's wife Dottie holds the Bible.
 
Parker Sworn in by Supreme
Court Justice Clarence Thomas

Parker joined by family and friends at private ceremony in Washington, D.C.

FOR IMMEDIATE RELEASE                                    CONTACT: DAVID LINTON
JANUARY, 13^th, 2005                                                PHONE: 334-669-0599         

WASHINGTON, D.C. Joined by his wife, Dottie, and a small group of friends and family, Tom Parker, newly elected Justice for the Alabama Supreme Court, was sworn into office today by Justice Clarence Thomas in a private ceremony at the U.S. Supreme Court Building. Justice Thomas administered the oath as Parker placed his left hand on an open Bible held by his wife.

Although he will be officially sworn in with his judicial colleagues on Friday in Montgomery, Parker stated that he felt the trip to D.C. was especially significant to him.

“Shortly after I was elected, I requested to be sworn in by Justice Thomas because if anyone symbolizes courage under fire, it’s Justice Clarence Thomas. He is a man who stands up for what he believes and defends our Constitution even when viciously attacked. I greatly admire him for his tenacious adherence to the original intent interpretation of the Constitution and strict statutory construction. It was a singular honor for me to be sworn in by a justice of such distinction and I am grateful he took the time to swear me in.”

During the official ceremony for the four newly elected appellate judges to be held in Montgomery on Friday, Parker will be sworn in by former Chief Justice Roy Moore. “The Chief’s courage to stand for principle over personal position inspired me and animated voters during my campaign for the Alabama Supreme Court” said Parker. “So, I have been doubly blessed to have been sworn into office by two heroes of the judiciary.”

[r9etb]

I think this article proves without a doubt that Tony Mauro is a complete jackass.

[Law]

The article throws into relief two different visions for America. One view is secular and man-centered. It will not acknowledge God and looks to the state as the supreme authority. The other view for America is one of liberty under God. The state is limited because it, like the individual, is ultimately accountable to God. We have lost so many of our freedoms in recent years because the man-centered (and therefore state-centered) vision has come to dominate...

[StonyBurk]

The main difference between Barry Lynn and a pimple on my butt is the pimple will eventually go away.And that pimple
has never blasphemed God.

[Smartaleck]

"What a stretch. Justice Thomas swears in a judge" period.

I'm with you. Nothing to see here folks. Move along. LOL

[StonyBurk]

Be nice if he could put a few good men in for consideration
to replace any sick ,old, anti-American jurists now sitting.
i.e.Roy S. Moore emminantly qualified for the US S.Ct.;
John Divine,Tx; James DeWeese,OH; Nelfred Kimberline,OH;
Darrell Beshears,KY; Jimmy Greene,Ky. Many of these are
military veterans, Each of these understands the Rule of Law
something too many in our modern olygarchy of despots have
confused with honoring the latest utterance .

[jimt]

Thank you for posting the full text of Justice Parker's remarks.

I hope he understands that his job is to judge on the basis of Alabama's secular laws. Hopefully we won't see convictions of people who don't observe the sabbath, or similar infractions.