Thomas, Clarence

(born June 23, 1948, Pinpoint, near Savannah, Georgia, U.S.) associate justice of the Supreme Court of the United States from 1991, the second African American to serve on the court. Appointed to replace Thurgood Marshall, the court's first African American member, Thomas gave the court a decisive conservative cast.

Thomas's father abandoned the family when Thomas was two years old. After the family house was destroyed by fire, Thomas's mother, a maid, remarried, and Thomas, then age seven, and his brother were sent to live with their grandfather. He was educated in Savannah, Georgia, at an all-African American Roman Catholic primary school run by white nuns and then at a boarding-school seminary, where he graduated as the only African American in his class. He attended Immaculate Conception Abbey in his freshman year of college and then transferred to Holy Cross College in Worcester, Massachusetts, where he graduated with a bachelor's degree in 1971. He received a law degree from Yale University in 1974.

Thomas was successively assistant attorney general in Missouri (1974–77), a lawyer with the Monsanto Company (1977–79), and a legislative assistant to Republican Senator John C. Danforth of Missouri (1979–81). In the Republican presidential administrations of Ronald Reagan and George Bush, Thomas served as assistant secretary in the U.S. Department of Education (1981–82), chairman of the Equal Employment Opportunity Commission (EEOC; 1982–90), and judge on the U.S. Court of Appeals for the Federal District in Washington, D.C. (1990–91), a post to which he was appointed by Bush.

Marshall's retirement gave Bush the opportunity to replace one of the court's most liberal members with a conservative. The president was under significant political pressure to appoint another African American, and Thomas's service under Republican senators and presidents made him an obvious choice. Despite his appeal to Republican partisans, however, his nomination engendered controversy for several reasons: he had little experience as a judge; he had produced little judicial scholarship; and he refused to answer questions about his position on abortion (he claimed during his confirmation hearings that he had never discussed the issue). Nevertheless, Thomas seemed headed for easy confirmation until a former aide stepped forward to accuse him of sexual harassment, a subject that dominated the latter stages of the hearings. The aide, Anita Hill, an African American law professor at the University of Oklahoma who had worked for Thomas at the EEOC and the Department of Education, alleged in televised hearings that Thomas had made sexually offensive comments to her in an apparent campaign of seduction. Thomas denied the charge and accused the Senate Judiciary Committee of engineering a “high-tech lynching.” A deeply divided Senate only narrowly confirmed Thomas's nomination by a vote of 52 to 48.

On the Supreme Court, Thomas maintained a relatively quiet presence but evidenced a strong conservatism in his votes and decisions, frequently siding with fellow conservative Antonin Scalia. This alliance was forged in Thomas's first major case, Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), in which he joined Scalia's dissent, which argued that Roe v. Wade (1973), the ruling that established the legal right to abortion, should be reversed. Thomas's conservative ideology also was apparent in his opinions on the issue of school desegregation; in Missouri v. Jenkins (1995), for example, he wrote a 27-page concurring opinion that condemned the extension of federal power into the states and tried to establish a legal justification for reversing the desegregation that had begun in 1954 with Brown v. Board of Education of Topeka. Because “desegregation has not produced the predicted leaps forward in black educational achievement,” Thomas argued, “there is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment.”

Although the controversy surrounding his appointment dissolved shortly after he joined the bench, Thomas will perhaps always be measured against the justice he succeeded. Ideologically, Thomas and Marshall were stark contrasts, and throughout his career Thomas worked against many of the causes championed by his predecessor. As one of the most reliable conservatives appointed by Republican presidents, Thomas generally followed a predictable pattern in his opinions—conservative, restrained, and suspicious of the reach of the federal government into the realm of state and local politics.

Brian P. Smentkowski