The life I had dreamed of so often during those hot summers on the farm in Georgia or during what seemed like endless hours on the oil truck with my grandfather, expired as Dr. King expired. As so many of you do, I still know exactly where I was when I heard the news. It was a low moment in our nation's history and a demarcation between hope and hopelessness for many of us.
Associate Justice of the Supreme Court of the United States since 1991
Clarence Thomas (born 23 June 1948) is an American judge who serves as an Associate Justice of the Supreme Court of the United States. He is the second African American to serve on the nation's highest court.
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I agree with Ralph Ellison when he asked, perhaps rhetorically, why is it that so many of those who would tell us the meaning of Negro, of Negro life, never bothered to learn how varied it really is. That is particularly true of many whites who have elevated condescension to an art form by advancing a monolithic view of blacks in much the same way that the mythic, disgusting image of the lazy, dumb black was advanced by open, rather than disguised, bigots.
I, for one, see this in much the same way I saw our denial of rights — as nothing short of a denial of our humanity. Not one of us has the "gospel," nor are our opinions based upon some revealed precepts to be taken as faith. As thinking, rational individuals, not one of us can claim infallibility, even from the overwhelming advantage of hindsight and Monday-morning quarterbacking.
Mister Mayor, my fellow colleagues of both bench and bar, it's a pleasure to be here. And one advantage is that similar to being on the bench, I have heard all of the arguments, and will take them under advisement. I have been told recently that Judge Bailey does not take matters under advisement that frequently, so I will stay out of his court. But it is indeed a pleasure to be here.
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I was also upset to hear of a black conservative in Virginia named Jay Parker. How could a black man call himself a conservative? In a twist of fate, they both are dear friends today, and the youthful wrath I visited upon them is now being visited upon me, though without the youth. What goes around does indeed come around.
Thirty years ago, we all focused intently on this city as the trauma of Dr. King's death first exploded, then sank into our lives. For so many of us who were trying hard to do what we thought was required of us in the process of integrating this society, the rush of hopelessness and isolation was immediate and overwhelming. It seemed that the whole world had gone mad.
As for the matter of my judicial philosophy, I didn't have one - and sure didn't want one. A philosophy that is imposed from without instead of arising organically from day to day engagement with the law isn't worth having. Such a philosophy runs the risk of becoming an ideology, and I'd spent much of my adult life shying away from abstract ideological theories that served only to obscure the reality of life as it's lived.
It pains me deeply, or more deeply than any of you can imagine, to be perceived by so many members of my race as doing them harm. All the sacrifice, all the long hours of preparation were to help, not to hurt. But what hurts more, much more, is the amount of time and attention spent on manufactured controversies and media sideshows when so many problems cry out for constructive attention.
Long gone is the time when we opposed the notion that we all looked alike and talked alike. Somehow we have come to exalt the new black stereotype above all and to demand conformity to that norm. It is this notion — that our race defines us -- that Ralph Ellison so eloquently rebuts in his essay, "The World and the Jug." He sees the lives of black people as more than a burden, but also a discipline, just as any human life which has endured so long is a discipline, teaching its own insights into the human condition, its own strategies of survival. There's a fullness and even a richness here. And here despite the realities of politics, perhaps, but nevertheless here and real because it is human life.
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Though the ideas and opinions themselves are not necessarily illegitimate if held by non-black individuals, they, and the person enunciating them, are illegitimate if that person happens to be black. Thus, there's a subset of criticism that must of necessity be reserved for me, even if every non-black member of the court agrees with the idea or the opinion. You see, they are exempt from this kind of criticism, precisely because they are not black. As noted earlier, they are more often than not subjected to the whites-only sophisticated analysis.
The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.
Thank you, Judge Keith, for your kind, warm words. As always, I deeply appreciate the manner in which you have made yourself available over the years for counsel and advice. And I appreciate your courteous and dignified example over the past 15 years. And I might add parenthetically here, I met Judge Keith in the early '80s when I was trying to figure out a way to distribute in excess of 10 million dollars to minorities for scholarships, and was being opposed by individuals who should have been supporting us. And it was his advice and counsel that bolstered us in that effort. We who are just commencing our tenures as judges can only hope to emulate your positive spirit and the strength of character that you've always demonstrated.