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Jeffrey Toobin writes: "As Clarence Thomas has assumed an influential role on the Roberts Court, his wife has helped lead the public war against Obama. Seventy-four members of Congress called on Thomas to recuse himself from any legal challenges to President Obama's health-care reform, because his wife has been an outspoken opponent of the law."

Clarence and Virginia Thomas share a good laugh with attendees at a Utah Supreme Court swearing-in ceremony, 07/19/10. (photo: AP)
Clarence and Virginia Thomas share a good laugh with attendees at a Utah Supreme Court swearing-in ceremony, 07/19/10. (photo: AP)

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+47 # artful 2011-08-22 08:58
Well, at least he's predictable. Too bad for America, though. It was such a nice country.
 
 
+40 # Don Duitz 2011-08-22 09:51
Where is the clarion call for impeachment??
 
 
+10 # markhalfmoon 2011-08-22 12:04
It is virtually impossible to forcibly remove a Supreme Court Justice from the bench. It can only happen through the very same process in which a President can be removed, impeachment. Only one Supreme Court Justice, Samuel Chase (one of the signatories to the Declaration of Independence), has ever been impeached.

The House of Representatives accused Chase of letting his Federalist political leanings affect his rulings, and served him with eight articles of impeachment in late 1804. The Senate acquitted him of all charges in 1805, establishing the right of the judiciary to independent opinion. Chase continued on the Court until his death in June 1811.

The current Republican House will not vote to impeach Clarence Thomas, their winning vote on the Court. The Senate, with a slim Democratic majority, cannot convict him with the required two thirds majority. Thomas will only leave the Court by resignation or death. And I think the man is just too stubborn to resign.

Better to work hard to achieve the required majorities in Congress, reelect this president and future Democrats to avoid more radical right-wing appointments to the Court.
 
 
+4 # cadan 2011-08-22 13:05
Quoting
Where is the clarion call for impeachment??


We don't do impeachment any more. If we did, Bush and Cheney would have gotten it.

But my question is whether Thomas has ruled in any way in any case to curtail the executive power to start wars.

Because if he truly is interested an originalist, as the article says, he must be acutely aware that the 18th century framers of the constitution put up every obstacle they could to prevent the president from starting wars. The constitution and their other writings from that era make it very clear that we should not be fighting wars here, there, and everywhere without prior congressional approval.

Does anybody know how Thomas stands on this?
 
 
+6 # Lisa D. 2011-08-22 15:13
Quoting
Quoting
Where is the clarion call for impeachment??


We don't do impeachment any more. If we did, Bush and Cheney would have gotten it.


sure we do ... but only if there's SEX involved :-)
 
 
+1 # TrueAmericanPatriot 2011-08-23 05:19
Quoting
Quoting
Quoting
Where is the clarion call for impeachment??


We don't do impeachment any more. If we did, Bush and Cheney would have gotten it.


sure we do ... but only if there's SEX involved :-)


Correction, Lisa. Only when there's SEX involved with DEMOCRATS.
 
 
+38 # Kayjay 2011-08-22 09:52
Geeeez, where is a impeachment proceeding when you really need it. It's about time to get one going, damn the cost.
 
 
+13 # in deo veritas 2011-08-22 10:34
Both these tax dodging charlatans belong in jail. mere impeachment is NOT enough. Maybe impeaching the entire Supremely Corrupt Court would be. But then who would preside over the trials? The defendants?
 
 
+14 # Gaby212 2011-08-22 11:00
I think the reason Anthony Weiner was "outed" was because he was the only congressperson who was very vocal about Thomas' conflict of interested regarding him voting on cases involving health care since his wive is a lobbyist for the health industry. I doubt anyone is going to bring this up when Obama's health care reform case gets to the Supreme Court.
 
 
-22 # lnason@umassd.edu 2011-08-22 11:14
Just because one doesn't agree with Justice Thomas's conservative perspective, that is no reason to go around calling for impeachment. It should require something much more substantive than what we see in this article.

But, while we're discussing recusals, does anyone believe that Justice Kagan, who was pretty clearly consulted on how best to legally defend the Affordable Health Care Act (Obamacare), shouldn't be a candidate for recusal when the case concerning the Act's constitutionali ty finally hits the Supreme Court?

I don't see how one can argue for Thomas's recusal without similarly arguing for Kagan's recusal.

This case will surely be divisive since everyone has a strongly and sincerely held position. It seems silly to me to demand that judges who have opinions, pro or con, on the case should be disqualified. The best we can do is ask that the judges read and consider the constitution and relevant precedents carefully and decide in accordance with the law rather than in accordance with their preconceived notions.

Lee Nason
New Bedford, Massachusetts
 
 
+15 # Regina 2011-08-22 13:23
Justice Kagan has been meticulous about recusals, since there are cases before the Supreme Court with which she had some activity in her previous position. If the Affordable Health Care Act is one of those cases (and I don't know whether it is), she will recuse herself in the event of its inclusion in the docket. If she is "arguing for Thomas's recusal" she is well qualified to do so with the examples she has already set. If impeachment of Thomas is being bruited about, it refers to his financial omissions which are legal violations, not mere politically "conservative perspectives."
 
 
+2 # TrueAmericanPatriot 2011-08-23 05:15
Quoting
Just because one doesn't agree with Justice Thomas's conservative perspective, that is no reason to go around calling for impeachment. It should require something much more substantive than what we see in this article.

But, while we're discussing recusals, does anyone believe that Justice Kagan, who was pretty clearly consulted on how best to legally defend the Affordable Health Care Act (Obamacare), shouldn't be a candidate for recusal when the case concerning the Act's constitutionali ty finally hits the Supreme Court?

I don't see how one can argue for Thomas's recusal without similarly arguing for Kagan's recusal.

This case will surely be divisive since everyone has a strongly and sincerely held position. It seems silly to me to demand that judges who have opinions, pro or con, on the case should be disqualified. The best we can do is ask that the judges read and consider the constitution and relevant precedents carefully and decide in accordance with the law rather than in accordance with their preconceived notions.

Lee Nason
New Bedford, Massachusetts


Thomas is a LYING, PERVERTED, CORRUPTED, SEXIST, EVIL, SCUMBAG, AND REPUBLIPAWN, who should have NEVER BEEN APPOINTED IN THE FIRST PLACE!! WHAT AN A DISASTROUS CHOICE TO REPLACE THURGOOD MARSHALL!
 
 
+2 # Pickwicky 2011-08-24 14:18
Clarence Thomas lied during his Senate hearing about the testimony of Anita Hill. Others, not called to testify at the time, back up Anita Hill's testimony. I understand his lie could be the foundation for impeachment. I don't know if a time limit exists.
 
 
+20 # Terrapin 2011-08-22 11:26
If little Clarence is so goddamn "Intelligent" how come he consistemtly votes The Party Line?
That's not intelligence, that's rationalizing your prejudices.
 
 
+16 # MEBrowning 2011-08-22 11:27
Seems to me that Clarence Thomas is doing his mightiest to promote lots of laws that “penetrate the recesses of domestic life, and control, in all respects, the private conduct of individuals.”

How come those opinions stand but health care for all may be judged as unconstitutiona l? Since when is this not "legislating from the bench?"
 
 
+6 # propsguy 2011-08-22 11:53
this will be interesting. the Supremes are out to screw Obama but the health insurance mandate is a big gift to their pals, the health insurance CEOs.
as a former Obama supporter, i can't believe he didn't see the can of worms that would open. it is blatantly unconstitutiona l. without a public option, he should have had the balls to go before the American people and say "my plan has been gutted beyond recognition so i'm pulling it. sorry, but you can blame congress for this."
instead, he singed legislation that forces us all to buy a for profit product. what's next? a mandate to purchase a tv for every room in the house?
so which way will the Supremes go? with their contempt for Obama or their blatant hatred of the American people? tough call
 
 
+5 # markhalfmoon 2011-08-22 12:24
Why does everybody think leadership is always about "balls?" That's when the world sees us represented by the spectacle of GW Bush swaggering across the deck of an aircraft carrier with a banana in his codpiece declaring "Mission Accomplished" when it was far from it.

How about "brains?" Obama knew that the only way to get his health care bill passed with the required number of votes from both recalcitrant Republicans and Blue Dog Democrats, was to include the so-called "individual mandate." He knew all the while,
that aspect of the legislation would be challenged and struck down by the Court, thereby leaving it with only the best parts he could get.

Why did he know it would be struck down when his opponents missed it? He's a constitutional scholar. Stop fixating on his balls and think about his brain.
 
 
+17 # Barbara K 2011-08-22 12:02
We are so low on the totem pole for Health Care compared to other Countries. We finally get a Health Care Bill and the Republibaggers cannot stand it. They don't want us to have anything, No SS, No Medicare, No Medicaid, No Healthcare. What a bunch of selfish, self-serving SOBs they are. They got theirs, now they want ours.
 
 
+12 # Steve J 2011-08-22 12:17
If nothing else, this story illustrates that even a brilliant, "Beautiful Mind" can be terribly and tragically deranged! It also illustrates just how far back in time this vein of ultra-conservative thought would take us: back to the Dark Ages when it was perfectly acceptable to draw and quarter criminals. Given the extreme religious bent of this political movement, we can probably expect a new inquisition! I'm sure that's what our Constitutional fathers had in mind. I find it sadly ironic, even paradoxical, that Thomas and other like thinkers insist on looking back and further back into history for support of their bizarre interpretations of the Constitution when the framers, themselves, were focused on the future. It is inconceivable to me that such forward looking men intended to create a Constitution that was frozen in time, or worse was regressive. That seems highly doubtful given the personalities involved, regardless of their particular political positions.
 
 
-27 # MalikTous 2011-08-22 12:25
What a hoot! She's right, the Obamacare act is unconstitutiona l and unworkable and needs to be repealed and discarded. I see NO reason for Thomas to recuse himself on this as I already reject PPACA.
 
 
+20 # grannym 2011-08-22 12:25
Clarence Thomas is the most convincing evidence of the failure of affirmative action. Even though he was a sexual predator, he got soft treatment during his confirmation hearings. Even though he was a lying SOB, somehow the hearings focused on discrediting Anita Hill. And now, even though his wife is getting even fatter and happier and richer as a lobbyist against what our legitimately and honestly selected President is trying to do, He and she will continue their fat happiness. Something's very wrong here.
 
 
+7 # shjlaw 2011-08-22 12:55
If nothing else, this story illustrates how even a brilliant, "Beautiful Mind" can be seriously, dangerously deranged. It also illustrates just how far back in time Thomas and the ultra conservative thinkers would take us: back to the days when drawing and quartering criminals was the usual treatment and not at all cruel or unusual! Given the religious bent of this irrational political movement, we can likely expect a new inquisition. I find it sadly ironic, even paradoxical, that Thomas and his cronies insist on looking back further and further into time in order to justify their bizarre interpretations of the Constitution when the actual authors of the document were focused on the future. These were enlightened, progressive thinkers building a Constitution and a government for the future of a new nation and relied on the past only to inform themselves of the abuses they wished to avoid and prohibit. It is impossible to conceive, given the personalities of the men, that the framers intended to create a Constitution frozen in time. I can imagine Jefferson, Franklin, and others laughing out loud, but shocked and dismayed, at the tortured, regressive reasoning of men like Clarence Thomas.
 
 
+16 # Lulie 2011-08-22 13:26
The notion that Thomas truly believes in a "color-blind" Constitution is laughable since he plays the race card whenever it serves his purposes.
 
 
+23 # Paul Marioni 2011-08-22 13:31
Single payer solves the problem.
 
 
+8 # Capn Canard 2011-08-23 06:40
dude, your single payer concept would take high profit margins away from the wealthy... you gotta stop making sense.
 
 
+11 # giraffee2012 2011-08-22 13:47
Going to fill the back end of my 94 Ford Ranger with other 70 year olds and drive to the Supreme Court and demand the Stupremes take back their UNCONSTITUTIONA L 2010 decision to give personHOOD to big $ corps to buy our elections and to recuse if there is even a hint of a Supreme to recuse on a case.

This Court is the foundation of the Fall of the United States Democracy based on a Constitution that COULD HAVE worked with "non-political" Supremes who are so HIGH/MIGHTY (Scalia/Thomas especially) they should resign!

Anyway - vote in 2012 (get registered now) and IF we get a Dem House - a Supreme CAN BE impeached - Starting proceedings in the House!
 
 
+4 # reiverpacific 2011-08-22 14:19
Although the "Obamacare" ultra-compromised bill is flawed as Hell, especially the mandatory insurance part, which is a total gift to big insurance and big brother Rx -and must be as close to being unconstitutiona l as makes little difference-, I've heard nothing better from any of his dedicated opponents in the party of "NO!" -Or indeed anything at all.
And injustice Thomas, that disgusting, stinkingly and blatantly corrupt Quisling for the Right in general and Scalia in particular, should be recalled, fired in disgrace, put out to pasture in a suitable jail and occasionally paraded in chains of his own making in the prison workshop, as a minimum wage stipendary example of how one gets up the ladder on the backs of others in a plutocracy, the stipend to be paid for by those who proposed and promoted the Swinehund for high office in the first place; they can well afford it!
And by the way, isn't it always the right who cry "Foul!" at "activist judges"? Well, look-a-h'yar what we done got with "Uncle Thomas"!
I know that it's all a fantasy of course but it feels good to have such a vision and get it out there once in a while.
Thanks for the forum RSN (I contribute when I have a penny to spare, which is not often these days).
 
 
+2 # Sofiea Clerico 2011-08-22 17:59
William Rehnquist and Abe Fortas were pushed off the court by Nixon, who was trying to stack the court. It can be done, but few would use Nixon's methods.
 
 
+2 # Thomas Martin 2011-08-22 19:35
Justice Thomas - if you had been on the Supreme Court in 1862, and you had had to then vote on something like an affirmative action law, would you have voted against it then, too?
 
 
+10 # Paul Scott 2011-08-22 22:14
Clarence Thomas is about as loyal, to Justice, as Colonel Sanders is to chickens.
 
 
+4 # poosta7 2011-08-23 07:41
The race is on!! Its Russia vs. the USA in seeing how fast the ruling oligarchs can return the masses to their mud huts. It is an example of retrograde evolution where Putin is facilitating the return to Czarist Russia and America's corporate elite (who own the government) returns us to the Robber baron era of our history.
 
 
+1 # MEBrowning 2011-08-23 16:02
Given that Russia holds a great deal of the U.S. debt, I'd bet on the U.S. in that race. Mud hut, anyone?
 
 
+3 # Isar 2011-08-23 09:37
When I visited the Supreme Court, I witnessed Justice Thomas sleep through the whole process. I mean...his head was down, and he was sleeping soundly. He ashed no questions...said nothing. The other eight Justices were actively asking questions of the lawyers in front of them, but Thomas continued to sleep. Shouldn't somebody be assigned to poke him and wake him during a Supreme Court hearing? Maybe Anita Hill would be willing to take on that job.
 
 
+3 # Kayjay 2011-08-23 13:12
Maybe Thomas should be impeached... due to shady dealings, influence peddling and being an embarrassment to our judicial system. His countenance doesn't exactly resemble the blindfolded woman and scales of justice above the Supreme court entryway. His mere presence does not inspire confidence in our 'justice for all," motto.
 
 
+5 # tarantilla 2011-08-23 18:01
It is unclear to me that Mr. Thomas is a credible "judge". That he believes he is "right" and all who thought otherwise before him are "wrong" on constitutional law issues is mind boggling. Even more so is the idea that he tries to read the minds of the original framers of the constitution and infer their intent. Since many of them then owned slaves, are black people excluded from constitutional protections? That certainly was their intent. He is the elitist that he despises!
 
 
+1 # shjlaw 2011-08-24 10:19
But one aspect of his deranged mind! Think about it: he loathes Yale and irrationally blames Yale for his difficulty in finding a good job. Yeah, right! Yale (and affirmative action)gave him the opportunity for a world class education and provided him with the credentials that made it possible to even be considered for a position on the highest court in the land and, yet, he has turned his back on both Yale and affirmative action. I could go on and on about the obvious contradictions in Thomas's thinking raised by Toobin's story. The man is brilliant but he is also seriously twisted and deluded. He lives in a fantasy world of his own making that has no connection to reality. He is not merely eccentric, he is patently, mentally ill. As tarantilla notes, he has become what he claims to hate. How can a man like that be trusted to reach rational, reasoned decisions on the critical issues that come before the Supreme Court?
 
 
+1 # Pickwicky 2011-08-25 10:14
Several here, including Toobin, state Thomas is brilliant and then point out that he is wrong. Is it possible to be brilliant and wrong? In any case, whether Tomas has a flawed intelligence or not, he and his wife are morally flawed.
 

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