Has Justice Clarence Thomas' Moment In The Sun Arrived?

 

I remember watching the nomination and confirmation hearings of now Supreme Court Justice Clarence Thomas.  I was in Canada and getting ready to hike into the Canadian Rockies.  The Canadians marveled at our process, perplexed by public discussions of pubic hairs and pornography.  I wondered about the disconnect between "he said and she said."  But I did not wonder about who would prevail.

Over the years I have wondered about the role Justice Thomas played on the Court and in the opinions, rulings, dissents, and expansions or contractions of law. Does he recline his leather chair and listen because he wants the lawyers to be able to argue?  Or is it rebellion?  Does he believe his colleagues will not give him air time to ask a question?  Does he have no questions to ask in argument?  And what does he believe about jurisprudence?

Jeffrey Toobin writing for The New Yorker magazine August 29, 2011 issue, "Partners," gives us an in-depth view of this justice whose influential time may have arrived.  Toobin also reports on the role Virginia Thomas plays in the politics of our land.

I was surprised to learn that on some matters I agree with Thomas and on others not so much.  I have been cautioned against having my usual blawg "dialogue" with lengthy articles and reports. I will leave it at this:

1. If the Founding Fathers disagreed among themselves, how can Thomas be so sure what they intended?  I believe that we should follow the spirit of the law if to follow the letter of the law would be impractical, unreasonable, unfair and unjust.
2. I disagree that the Second Amendment was intended for individuals to bear arms, as if a household is intended to be the militia. 
3. As much as I abhor violent video games and cringe at their influence on our young people (First Amendment rights or no), I do not believe that the government should withhold violent video games from children - that's a job for parents.
4. Don't require me to buy health care insurance; make it affordable with options so I can choose and get adequate coverage.
5. If anyone's spouse is so deeply involved in a matter that requires your unbiased attention, recuse yourself, build a Chinese Wall, give us the belief there is still integrity in law and government.

Take the time to read Toobin's well-researched commentary for yourself.  And then consider what the "silent justice" has wrought in his time.