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Clarence Thomas’s Duty Is To The Constitution, Not A Constituency Of Black Men

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MSNBC host Tiffany Cross recently went on a rant about Supreme Court Justice Clarence Thomas in which she referred to him as “Tom” (short for the derogatory term “Uncle Tom”) and invoked a series of other ugly and disrespectful names. But while Cross and her fellow leftwing TV hosts have been spewing hatred, Thomas has been laying out a jurisprudence of faithfulness to the text of the Constitution that now represents a view held by the majority of justices on the Supreme Court. This view does away with the nonexistent constitutional “right” to abortion while reigning in out-of-control federal agencies and giving the Bill of Rights the respect it deserves.

Cross criticized Thomas for not representing black men in his jurisprudence, but where did she get the idea that a supreme court justice is supposed to represent a constituency? In our system of government, a judge’s job is to decide cases according to the Constitution and the law, without regard to any person. Take, for instance, Justice Sonya Sotomayor’s views on affirmative action. It is certainly not her job to represent the median views of Hispanics, 68 percent of whom oppose race being a factor in college admissions, yet she continues to support racially preferential admissions systems that categorize people by their heritage and not their merits.

Contrary to Cross’s claim, working-class black Americans historically have been in agreement with Thomas’ views on virtually every contentious issue. Thomas has long been opposed to affirmative action and racial preference programs, and so are most black Americans. According to a 2022 poll from Pew Research Center, 59 percent of black Americans are against race factoring into college admissions. It is unlikely Cross is a part of this 59 percent.

Justice Thomas has opined for thirty years that there is no constitutional right to

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The Federalist

A web magazine of culture, entertainment, and politics. Be lovers of freedom and anxious for the fray.

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