The Thomas Nomination: A Senate Crucible
An in-depth examination of the contentious 1991 confirmation of Clarence Thomas to the U.S. Supreme Court, exploring the political dynamics, pivotal hearings, and lasting societal impact.
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The Nominee
Clarence Thomas
Nominated by President George H.W. Bush on July 1, 1991, to succeed Justice Thurgood Marshall, Clarence Thomas was then a judge on the U.S. Court of Appeals for the District of Columbia Circuit. His nomination was met with significant opposition from civil rights and women's groups due to his conservative judicial philosophy and past criticisms of affirmative action.
Thomas's background included serving as chairman of the Equal Employment Opportunity Commission (EEOC) and a tenure at the U.S. Department of Education. His limited experience as an appellate judge, coupled with his ideological stance, set the stage for a challenging confirmation process.
President Bush's Choice
President George H.W. Bush sought to appoint a "true conservative" to the Supreme Court. While initially considering other candidates, Bush ultimately selected Thomas, viewing him as a strong conservative voice. The administration anticipated a difficult confirmation battle, particularly given the precedent set by the opposition to Robert Bork's nomination.
Bush's staff, including Chief of Staff John H. Sununu, predicted a "knock-down, drag-out, bloody-knuckles, grass-roots fight" for confirmation, highlighting the high stakes and political maneuvering involved.
The Predecessor
Clarence Thomas was nominated to replace Justice Thurgood Marshall, a towering figure in American civil rights and the first African American justice on the Supreme Court. Marshall's retirement created a vacancy that many saw as symbolic, and the choice of his successor was heavily scrutinized by various political and social groups.
The contrast between Marshall's legacy and Thomas's perceived judicial philosophy became a central theme in the confirmation debate, with opponents arguing that Thomas would represent a significant ideological shift away from Marshall's jurisprudence.
The Confirmation Process
Timeline and Votes
The nomination process spanned 99 days, from July 1, 1991, to October 15, 1991. This duration was the second longest for a Supreme Court nominee receiving a final vote since 1975, surpassed only by Robert Bork.
The Senate Judiciary Committee's initial vote on a favorable recommendation failed with a 7-7 tie. Subsequently, a motion to report the nomination without recommendation passed 13-1, indicating the deep divisions within the committee.
Committee Scrutiny
The American Bar Association (ABA) committee rated Thomas as "qualified" by a narrow margin (12-2), a result considered an embarrassment to the administration and a low level of support for nominees. Despite this, the ABA's assessment had minimal impact on the final outcome.
The committee's review focused intensely on Thomas's legal views, speeches, writings, and judicial decisions, probing his stance on critical issues like abortion and property rights.
Political Dynamics
The nomination was a significant political maneuver by President Bush, aiming to solidify a conservative majority on the Court and appeal to key voter demographics. Democrats, controlling the Senate, faced pressure from various interest groups, including liberal organizations and women's rights advocates.
The nomination was framed by some as a strategic move to counter the opposition faced by previous conservative nominees, while others viewed Thomas's selection as an attempt to appoint an "extreme ideologue."
The Confirmation Hearings
Initial Testimony
Public confirmation hearings commenced on September 10, 1991, lasting ten days. The primary focus was on Thomas's legal philosophy, his past statements, and his judicial record. Thomas maintained a position of ambivalence regarding his views on Roe v. Wade, stating he had not formulated a definitive position or discussed it extensively.
Committee Chairman Joe Biden engaged Thomas in questioning, notably referencing Richard Epstein's book on property rights, framing the inquiry as a test of Thomas's ideological leanings.
Leak and Reopening
The confirmation process took a dramatic turn when allegations of sexual harassment against Thomas by Anita Hill, a former colleague, were leaked to the media from a confidential FBI report. This revelation led to the reopening of the hearings.
The televised hearings became a national spectacle, focusing public attention on sexual harassment and its implications in the workplace and in political appointments.
Sexual Harassment Allegations
Anita Hill's Testimony
Anita Hill, a law professor, testified before the Senate Judiciary Committee on October 11, 1991, detailing allegations of sexual harassment against Thomas during their time together at the Department of Education and the EEOC in the early 1980s. She described specific instances of unwelcome sexual comments and references to pornography.
Hill stated her ambivalence about whether the conduct constituted illegal harassment but felt compelled to testify regarding Thomas's character and fitness for the Supreme Court. Her testimony provided graphic details, including references to "Long Dong Silver" and a "pubic hair in my Coke" incident.
Thomas's Response
Clarence Thomas vehemently denied all allegations made by Anita Hill. He characterized the hearing as a "high-tech lynching" for African Americans who dared to think independently, asserting that the accusations were false and politically motivated.
Thomas stated, "I deny each and every single allegation against me today that suggested in any way that I had conversations of a sexual nature or about pornographic material with Anita Hill, that I ever attempted to date her, that I ever had any personal sexual interest in her, or that I in any way ever harassed her." He accused committee staffers of searching for and leaking damaging information.
Corroboration and Skepticism
Two other women, Angela Wright and Rose Jourdain, reportedly made statements to Senate staff supporting Hill's claims, though they did not testify publicly. The decision not to call Wright to testify remains a point of contention, with theories ranging from Republican opposition to concerns about Wright's credibility and her reluctance to testify after witnessing the treatment of Hill.
Several witnesses testified in support of Thomas, rebutting Hill's account and questioning her credibility. They described Thomas as professional and respectful, suggesting Hill might have had personal motives or misinterpreted his actions.
The Senate Vote
Final Confirmation
On October 15, 1991, the full Senate confirmed Clarence Thomas by a narrow margin of 52 votes in favor to 48 against. This vote reflected a significant partisan divide, with 41 Republicans and 11 Democrats voting to confirm, while 46 Democrats and 2 Republicans voted against.
The confirmation was a major victory for President Bush and the conservative movement, solidifying a conservative shift on the Supreme Court.
Voting Breakdown
The vote tally underscored the deep divisions within the Senate and the nation. The high percentage of senators voting against a confirmed nominee (48%) was the greatest since 1881, highlighting the contentious nature of the proceedings.
Vice President Dan Quayle presided over the vote, prepared to cast a tie-breaking vote if necessary.
Cultural and Political Impact
Sexual Harassment Awareness
The televised hearings and Anita Hill's testimony are widely credited with bringing the issue of sexual harassment into mainstream public discourse. The event significantly raised national awareness and spurred conversations about workplace conduct and power dynamics.
This heightened awareness is often linked to the subsequent "Year of the Woman" in 1992, when a notable number of women were elected to Congress, many of whom were referred to as the "Anita Hill Class."
Political Realignment
The nomination and confirmation process had lasting effects on American politics and the Supreme Court. It intensified partisan divisions and highlighted the increasing politicization of judicial appointments.
The events influenced subsequent confirmation battles and the way candidates were vetted and questioned, particularly concerning personal conduct and allegations.
Media and Literature
Films and Documentaries
The dramatic events of the confirmation hearings have been depicted in several films and documentaries, bringing the narrative to a wider audience.
- Strange Justice (1999): A Showtime television film starring Delroy Lindo as Thomas and Regina Taylor as Hill.
- Confirmation (2016): An HBO film starring Kerry Washington as Hill and Wendell Pierce as Thomas, focusing on the Senate hearing.
- Created Equal: Clarence Thomas In His Own Words (2020): A documentary featuring Thomas discussing his confirmation hearings and the allegations.
Books and Analysis
Numerous books have been written analyzing the nomination, the allegations, and their aftermath, offering diverse perspectives on the events and the individuals involved.
- Mayer and Abramson's Strange Justice: The Selling of Clarence Thomas (1994) argued that the evidence suggested Thomas lied under oath.
- David Brock's The Real Anita Hill (1993) presented a critical view of Hill's testimony. Brock later recanted aspects of his work, stating he had "lied in print to protect the reputation of Justice Clarence Thomas."
- Ken Foskett's Judging Thomas (2004) questioned the plausibility of Hill's account.
- Scott Douglas Gerber's work expressed uncertainty about whom to believe.
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References
References
- Tushnet, Mark. A Court Divided, p. 335 (Norton & Company 2005).
- Toobin, Jeffrey. The Nine. First Anchor Books Edition, September 2008. Page 39.
- Toobin, Jeffrey. The Nine. First Anchor Books Edition, September 2008. Pages 38รขยย39.
- Gerber, Scott. First principles: the jurisprudence of Clarence Thomas, page 24 (NYU Press, 1999).
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