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The Image of Justice (1991 Natl Review Article - Thomas "more Souteresque than Borkian")
National Review ^ | 7/29/91 | NR Editors

Posted on 10/04/2005 6:24:38 AM PDT by frankjr

... Ultimately, however, the importance of Supreme Court Justices is not in the image they offer but in their workaday decisions that affect our lives. Clarence Thomas's (and George Bush's) legacy will be defined not by his pigmentation, but by his written opinions and by whether he contributes to the transformation of the Supreme Court into a responsible interpreter of the Constitution.

On the basis of what is known, there is every reason to believe that Judge Thomas will live up to his promise. Truth be told, however, his public record on issues other than civil rights is still more Souteresque than Borkian. So it is vital that conservatives, during these brief moments of accountability in the judicial-selection process, should participate fully in public dialogue with the nominee. Unlike the liberals, however, our aim should be to learn not what Judge Thomas thinks about abortion, South Africa, contraception, and funding for the arts, but what he thinks about the role of the judicial branch within our constitutional system.

(Excerpt) Read more at nationalreview.com ...


TOPICS: News/Current Events
KEYWORDS: miers; scotus; thomas
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National Review actually posted this in their "Bench Memos" blog today. I think it is interesting since they are hitting hard on Miers now.
1 posted on 10/04/2005 6:24:45 AM PDT by frankjr
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To: frankjr

Funny what they thought of Thomas back then.

He's our best Supreme Court Justice today, IMHO.


2 posted on 10/04/2005 6:30:47 AM PDT by RockinRight (Why are there so many RINOs?)
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To: frankjr

Funny.

I posted an article yesterday where an author claimed Clarence Thomas was a "stealth nominee."

My point was that we did not know a whole lot about Clarence Thomas when he was nominated, just as we do not know a whole lot about Miers.

I wish I had known yesterday that the National Review claimed Thomas was "Souteresque."


3 posted on 10/04/2005 6:34:13 AM PDT by linkinpunk
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To: frankjr
OK, so of unknown candidates we have:

O'Connor - bad
Kennedy - bad
Souter - horrible
Thomas - Great
Roberts - Probably good, but still unknown

Therefore, we should trust that Miers will be good.

Is that the logic?

4 posted on 10/04/2005 6:38:49 AM PDT by Rodney King (No, we can't all just get along.)
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To: RockinRight

Spot on, RR.

This article reminds us that even if Bush nominated a "known quantity", we still don't KNOW how that person will rule until they are seated.

An interesting hypothetical question here is this: If Bush were up for re-election (and thus able to be held politically accountable at the ballot box) would he have selected Miers?

I still think that with Roberts and Miers the GOP will be able to have its cake and eat it, too. IF they do what Bush believes they will do on the court, then Conservatism will be maintained among the Supremes, and his legacy will be cemented.

BTW, the other justices ain't gettin' any younger, ya know. We might...MIGHT....see another vacancy due to health concerns.

If Miers crashes and burns in the confirmation hearings, all bets are off. :)


5 posted on 10/04/2005 6:41:14 AM PDT by TheRobb7 (The American Spirit does not require a federal subsidy.)
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To: linkinpunk
They didn't claim Thomas was "Souteresque."

It says:

...his public record on issues other than civil rights is still more Souteresque than Borkian.

6 posted on 10/04/2005 6:44:30 AM PDT by Petronski (I love Cyborg!)
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To: Rodney King

"Is that the logic?"

No, I think the logic is let's see what comes out on Meirs over the next 6 weeks and see how the confirmation hearings go before judging if a nominee is horrible or great. Most people seem to be jumping to conclusions with little or no facts. Does someone with no experience on the bench mean he/she will be a bad judge? Not necessarily. Does someone without a J.D. from Havard a crappy judge? Probably not. Does someone who gave $1000 to Gore a closet Dem? Mmmmm, ok, that one is a little tougher.


7 posted on 10/04/2005 6:45:20 AM PDT by frankjr
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To: Petronski

"They didn't claim Thomas was "Souteresque.""

You're right, they said he appears more Souteresque then Borkian in all but one area.


8 posted on 10/04/2005 6:47:02 AM PDT by frankjr
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To: frankjr
...they said he appears more...

...they said [his record] appears more...

9 posted on 10/04/2005 6:48:53 AM PDT by Petronski (I love Cyborg!)
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To: Petronski
Actually, ...they said [his public record] appears more...
10 posted on 10/04/2005 6:49:46 AM PDT by Petronski (I love Cyborg!)
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To: linkinpunk
My point was that we did not know a whole lot about Clarence Thomas when he was nominated, just as we do not know a whole lot about Miers.

The simple fact that most of the knee jerk posters here don't know a damn thing about her won't stop them from running off the rhetorical cliff. In the meantime, the people who do know her and have known her for many years vouch for her solid originalist temperment. Just saw a Texas Supreme Court judge interviewed on Fox who spoke very highly of her.

Yesterday, I speculated that the angst in Conservative circles is most likely over the fact that we will not see a big bar room brawl in the Senate over this nominee as there would have been with Brown or Luttig. I think they wanted the fight (win or lose, and we would have probably lost) rather than a good original intent justice. And frankly, sometimes it seems that the red meat brigades love to lose.

11 posted on 10/04/2005 6:50:44 AM PDT by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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To: Petronski

"...they said [his record] appears more..."

I think that saying someone's record appears more Souteresque is more damning that saying someone on the surface appears more Souteresque (with no record to point to in support of that claim).


12 posted on 10/04/2005 6:50:58 AM PDT by frankjr
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To: Rodney King

Rehnquist was actually an unknown in his day...no judicial experience. Assistant to John Mitchell. A law clerk before that.


13 posted on 10/04/2005 6:51:04 AM PDT by dawn53
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To: Petronski

A distinction without a difference.


14 posted on 10/04/2005 6:51:41 AM PDT by linkinpunk
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To: frankjr; Dane

Dane, thanks for the heads up. I'm young enough that pubic hair jokes were all the rage in the schoolroom during the Anita Hill hearings. So, for me, it's not quite "everything old is new again." Yet.


15 posted on 10/04/2005 6:53:22 AM PDT by JerseyHighlander
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To: Petronski

I also want to make it clear that I am not saying the Miers will be a great Justice or a horrible justice. I do not know at this point. I will form my opinion as more information comes out. However, at this point, I am giving her the benefit of the doubt.


16 posted on 10/04/2005 6:53:22 AM PDT by frankjr
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To: linkinpunk

Not really. Their application of the term is far narrower than you make it sound.


17 posted on 10/04/2005 6:54:08 AM PDT by Petronski (I love Cyborg!)
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To: RockinRight
"He's our best Supreme Court Justice today, IMHO."

I agree. And they were also saying back then that he was not the best qualified, just as they are now saying about Miers. In both cases, that is obviously true, but on the USSC I think temperament and philosophy are more important than qualifications. The justices have staff to do a lot of the leg work and research; what's important is that the justices have the right philosophy.
18 posted on 10/04/2005 6:54:31 AM PDT by Steve_Seattle
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To: TheRobb7
This article reminds us that even if Bush nominated a "known quantity", we still don't KNOW how that person will rule until they are seated.

True, eventhough Harriet seems to have very conservative values, we still don't know how much those values will translate into rulings. I feel better about this nomination than I did, but I would be more comfortable with someone we know. Not even Bush knows for certain how Harriet will rule.

19 posted on 10/04/2005 6:57:01 AM PDT by Always Right
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To: Ditto
"I speculated that the angst in Conservative circles is most likely over the fact that we will not see a big bar room brawl in the Senate over this nominee as there would have been with Brown or Luttig. I think they wanted the fight (win or lose, and we would have probably lost) rather than a good original intent justice."

I think that's absolutely correct. Many in here were relishing a brawl over this nomination and wanted an in-your-face nominee like Brown. My only objection to Miers is her age; at 60 (and she really doesn't look like a very healthy 60, IMHO), she might not be on the court very long.
20 posted on 10/04/2005 6:58:40 AM PDT by Steve_Seattle
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