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Old November 2, 2017   #9
kurt
Tomatovillian™
 
Join Date: Oct 2011
Location: Homestead,Everglades City Fl.
Posts: 2,491
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Kinda tuff when you have a ex employee on speed dial.Im just presenting fact no opinion today.Years ago it was discussed here and then it kinda went sideways.Lots of reading,but worth it.8th line down.

Early careerEdit

Official Equal Employment Opportunity Commission portrait of Thomas


Thomas was admitted to the Missouri bar on September 13, 1974.[26] From 1974 to 1977, Thomas was an Assistant Attorney General of Missouri under State Attorney General John Danforth, who met Thomas at Yale Law School. Thomas was the only black member of Danforth's staff.[27] As Assistant Attorney General, Thomas first worked at the criminal appeals division of Danforth's office and moved on to the revenue and taxation division.[28]Retrospectively, Thomas considers Assistant Attorney General the best job he has ever had.[29] When Danforth was elected to the U.S. Senate in 1976, Thomas left to become an attorney with the Monsanto Chemical Company in St. Louis, Missouri.[30] He moved to Washington, D.C. and returned to work for Danforth from 1979 to 1981 as a Legislative Assistant handling energy issues for the Senate Commerce Committee.[31] The two men shared a common bond in that they had studied to be ordained (although in differentdenominations). Danforth was to be instrumental in championing Thomas for the Supreme Court.
In 1981, he joined the Reagan administration. From 1981 to 1982, he served as Assistant Secretary of Education for the Office for Civil Rights in the U.S. Department of Education. From 1982 to 1990, he was Chairman of the US Equal Employment Opportunity Commission("EEOC"). Journalist Evan Thomas characterized Thomas as "openly ambitious for higher office" during his tenure at the EEOC. As Chairman, he promoted a doctrine of self-reliance, and halted the usual EEOC approach of filing class-action discrimination lawsuits, instead pursuing acts of individual discrimination.[32] He also asserted in 1984 that black leaders were "watching the destruction of our race" as they "★★★★★, ★★★★★, ★★★★★" about President Reagan instead of working with the Reagan administration to alleviate teenage pregnancy, unemployment and illiteracy.[33]
Federal judgeEdit

On October 30, 1989, Thomas was nominated by President George H. W. Bush to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Robert Bork,[34] despite Thomas's initial protestations that he would not like to be a judge.[35]Thomas gained the support of other African Americans such as former Transportation Secretary William Coleman, but said that when meeting white Democratic staffers in the United States Senate, he was "struck by how easy it had become for sanctimonious whites to accuse a black man of not caring about civil rights."[35]
Thomas's confirmation hearing was uneventful.[36] He was confirmed by the United States Senate on March 6, 1990, and received his commission the same day. He developed warm relationships during his 19 months on the federal court, including with fellow federal judgeRuth Bader Ginsburg.[35][37]
Supreme Court nomination and confirmationEdit

Main article: Clarence Thomas Supreme Court nomination
After Justice William Brennan stepped down from the Supreme Court in July 1990, Thomas was one of five candidates on President Bush's shortlist for the position and Bush's favorite of the five. Ultimately, after consulting with his advisors, Bush decided to hold off on nominating Thomas, and nominated Judge David Souter of the First Circuit instead.[35] Justice Thurgood Marshall announced his retirement, and on July 1, 1991, President Bush nominated Clarence Thomas to replace him. Marshall had been the only African-American justice on the court.[38] In announcing his selection, Bush called Thomas the "best qualified [nominee] at this time."[35]
U.S. presidents of that era submitted lists of potential federal court nominees to the American Bar Association (ABA) for a confidential rating of their judicial temperament, competence and integrity on a three-level scale of well qualified, qualified or unqualified.[39] However, as noted by Adam Liptak of the New York Times, the ABA has historically taken generally liberal positions on divisive issues, and studies suggest that candidates nominated by Democratic presidents fare better in the group’s ratings than those nominated by Republicans.[40]Anticipating that the ABA would rate Thomas more poorly than they thought he deserved, the White House and Republican Senators pressured the ABA for at least the mid-level qualified rating, and simultaneously attempted to discredit the ABA as partisan.[41] The ABA did rate Thomas as qualified, although with one of the lowest levels of support for a Supreme Court nominee.[42][43][44][45][46][47] Ultimately, the ABA rating ended up having little impact on Thomas' nomination.[39][41]
Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur. Both liberal interest groups and Republicans in the White House and Senate approached the nomination as a political campaign.[48][49]
Attorney General Richard Thornburgh had previously warned Bush that replacing Thurgood Marshall, who was widely revered as a civil rights icon, with any candidate who was not perceived to share Marshall's views would make the confirmation process difficult.[50] Civil rights and feminist organizations opposed the appointment based partially on Thomas's criticism of affirmative action and suspicions that Thomas might not be a supporter of Roe v. Wade.[51]
Thomas's formal confirmation hearings began on September 10, 1991.[52] Thomas was reticent when answering Senators' questions during the appointment process, recalling what had happened to Robert Bork when Bork expounded on his judicial philosophy during his confirmation hearings four years prior.[53] Thomas's earlier writings had frequently referenced the legal theory of natural law; during his confirmation hearings Thomas limited himself to the statement that he regards natural law as a "philosophical background" to the Constitution.[54][55][56]
Anita Hill allegationsEdit

After the conclusion of the confirmation hearings, an FBI interview with Anita Hill was leaked and the confirmation hearings were reopened.[57] Hill, a black attorney, had worked for Thomas at the Department of Education and had subsequently moved with Thomas to the EEOC.[58] After the leak, Hill was called to testify at Thomas's confirmation hearings. She testified that Thomas had subjected her to comments of a sexual nature, which she felt constituted sexual harassment or at least "behavior that is unbefitting an individual who will be a member of the Court."[59][60][61][62] Hill's testimony included lurid details, and some Senators aggressively questioned her.[63]
Thomas denied the allegations, saying:[64]
This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather than hung from a tree.[65]
Hill was the only person to testify at the Senate hearings that there had been unsolicited sexual advances.[66] Angela Wright, who worked under Thomas at the EEOC before he fired her,[67] decided not to testify,[68] but submitted a written statement alleging that Thomas had pressured her for a date and had made comments about the anatomy of women. However, she said she did not feel his behavior was intimidating nor did she feel sexually harassed, though she allowed that "Some other women might have".[69][70][71] Also, Sukari Hardnett, a former Thomas assistant, wrote to the Senate committee that although Thomas had not harassed her, "If you were young, black, female and reasonably attractive, you knew full well you were being inspected and auditioned as a female."[72][73]
Clarence Thomas being sworn in by Byron White, as wife Virginia Lamp Thomaslooks on


Other former colleagues testified on Thomas's behalf. Nancy Altman, who shared an office with Thomas at the Department of Education, testified that she heard virtually everything Thomas said over the course of two years, and never heard any sexist or offensive comment. Altman did not find it credible that Thomas could have engaged in the conduct alleged by Hill, without any of the dozens of women he worked with noticing it.[74] SenatorAlan K. Simpson questioned why Hill met, dined, and spoke by phone with Thomas on various occasions after they no longer worked together.[75]
According to the Oyez Project, there was a lack of convincing proof produced at the Senate hearings.[5] After extensive debate, the Judiciary Committee split 7–7 on September 27, sending the nomination to the full Senate without a recommendation. Thomas was confirmed by a 52–48 vote on October 15, 1991, the narrowest margin for approval in more than a century.[76] The final floor vote was: 41 Republicans and 11 Democrats voted to confirm while 46 Democrats and two Republicans voted to reject the nomination.
Thomas received his commission and took the two required oaths several days after the Senate vote; this process was delayed by the death of Chief Justice Rehnquist's wife, but the delay was reduced at the request of Thomas.[77][78] He indicated that he was eager to get to work,[78] and an additional reason for reducing the delay was to end further media inquiry into Thomas's private life.[49][79] Reporters largely stopped such inquiries after Thomas joined the court.[49][80] Throughout this episode, Thomas defended his right to privacy, refused to describe discussions that he may have had outside the workplace regarding his personal life, and promised that he would not allow anyone to probe his private life.[81]
Clarence Thomas wrote an autobiography addressing Anita Hill's allegations, and she also wrote an autobiography addressing her experience in the hearings.[82]



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