Clarence Thomas Is in the Right Seat
Rumors are flying in Washington about who will replace William H. Rehnquist as chief justice. On the campaign trail, President Bush mentioned Justices Antonin Scalia and Clarence Thomas as his ideal judges. Apparently some politicians have leaked the idea that it is Thomas who will ultimately be selected, a move that would receive widespread approval among conservative Republicans.
But the idea that Bush might appoint Thomas clearly worries Democrats. Last month, Senate Minority Leader Harry Reid (D-Nev.) declared support for Scalia, whom he called "one smart guy." Reid then announced his opposition to Thomas with a personal attack: The justice, he said, was "an embarrassment" whose "opinions are poorly written." Reid did not offer a single example of this. For all we know, Reid may never have read a Thomas opinion.
As a former Thomas clerk, I can personally attest that his opinions are the product of a thorough drafting, rewriting and editing process that makes them the equal of any. Read a Thomas opinion on a subject like affirmative action, religion, crime or free speech -- they have an authentic voice unmistakable in its clarity, logic and moving language.
What really bothers Democrats like Reid is that Bush might nominate the nation's first African American chief justice. A Thomas nomination would force them to publicly oppose a smart, tough, deeply religious minority conservative whose views are not so out of the mainstream as they would like you to believe. That's not something they're eager to do.
In the end, however, the Democrats who oppose him -- if they're successful -- may turn out to be doing Thomas (and the country) an unintentional favor. I believe he can do more good for the country as an outspoken associate justice than he could as chief justice.
Being chief justice is not necessarily the most powerful position at the court. Aside from the boring details of running the federal courts (lobbying for more funding, building more courthouses), the chief justice's only real power comes during the Supreme Court's conferences, where cases are decided.
In these meetings, the chief justice speaks first, followed by each justice in order of seniority, and he assigns opinion-writing responsibilities when he is in the majority. That is it. The rest of the chief justice's duties are ceremonial, such as presiding over the court's oral arguments, administering the oath at presidential inaugurations and presiding over impeachment trials. His vote counts for no more or no less than the vote of any other justice.
