Clarence Thomas: Judicial Activism

Improved Essays
When Clarence Thomas was voted in by the most narrow margin in history in 1991 of 52 to 48 it shocked the Judicial world. Prior to his appointment he only had one year of legal experience. His appointment was riddled with senate questions and statements(Clarence Thomas 3). How could a young judge, only 43 at the time be qualified to hold such a distinguished position? This forced Judge Thomas to be as conservative as he could be. Being on the stands and practicing Judicial Activism could raise create problems internally and with the public due to his inexperience and his ideas or statements could be questioned. With every case since his swearing in, he has asked minimal questions if not, none at all. Judge Thomas has not asked a single case

Related Documents

  • Superior Essays

    William Wayne Justice, he was a formidable judge that sat on the federal bench in the state of Texas. He brought forth change throughout his years as a judge and some of those changes would be major reform decisions that will change the systems in Texas. He was a judge that made decisions that influenced changes and it was noticed not only in Texas, but throughout the United States. Judge Justice was involved in many controversial cases and reforms that gained attention all over. Not only the cases were controversial, but his decisions were ones that got people talking about him.…

    • 1720 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    What got Clarence the job came from the retirement of the former African American Supreme Justice Thurgood Marshall, and which led Bush to nominate him as a replacement. In 1991 he was barely confirmed not including being accused of sexual harassment by a lawyer in public hearing. Now we know how he got in Supreme justice but what…

    • 271 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Dred Scott was a important person in America and in the Supreme Court's history. He helped push America towards what's right and the Civil War. Dred Scott was born sometime in 1795 and was born into slavery. He had a brother and a father and mother. His family and him were owned by Peter Blow.…

    • 332 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Although true to his conservative views is willing to overturn federal laws. Thomas has surprised many with decisions dissenting landmark cases upholding the Affordable Care Act, giving gay couples the rights to get married and rejecting that the state of Texas could reject specialty license plate featuring an image of the Confederate…

    • 1085 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    One of Marshall’s tactics to unite the justices was to have all of the men live under the same roof. This way they would be forced to spend most of their time with each other and would get along better with one another. Marshall’s rulings in cases such as Talbot v. Seeman showed everyone Marshall’s potential power and ability to manipulate the system in order to reach the ruling he wants. Undoubtedly, John Marshall’s ruling in the famous Marbury v. Madison case was his greatest display of his power and knowledge of the system throughout his time as Chief Justice.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Between the years of 1961 to 1966, known as the due process revolution, the Supreme Court took an active role in the law, which lead it to be consider the givers and not the interpreters. (Swanson, Territo, & Taylor, 2017). The due process revolution, was a response to courts being accused of denying criminals their rights. Thus, in turn, the assimilation of the Bill of rights happened.…

    • 202 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Clarence Thomas Essay

    • 755 Words
    • 4 Pages

    It is stated that Thomas is “clearly on good terms with his colleagues, and is a beloved figure within the small world of Court personnel” (The Atlantic). However, he will continuously be known for his extremely conservative ideals, his unique path toward entering the Court, and his distinctive approach to the law. His legacy so far has been of surprises and his memoirs are detailed in his book titled My Grandfather’s Son. There has been question on whether Thomas is “evolving”, reducing his extreme conservative outlook; however, the morals of a conservative will likely remain intact. It has been said that “Thomas will probably leave the Court with the most conservative record in its history”…

    • 755 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Antonin Scalia was a very respected leader in his line of work. He was known as a conservative Republican who shared his transformative theories, writing, his unique personality and opinions. Scalia was known as an originalist and a believer in the living constitution. Scalia’s brilliant views made him the leader of the conservative intellectual renaissance in his three decades on the supreme court. Antonin Gregory Scalia was appointed to the court by President Ronald Reagan in 1986, as the first Italian American to become a member of the supreme court.…

    • 1035 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court should be able to overturn unconstitutional laws that Congress has passed. There are many reasons to give the Supreme Court this power, first we need someone to enforce the fact that no law should violate the Constitution. Next, it helps balance the three branches of government, and lastly the Constitution puts judicial power into the Supreme Court and inferior courts. This power will stop substandard laws from getting passed, and will protect the structure of our government that is extremely based on the Constitution.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Since society and society changes with time, the law does as well and this is due to judicial activism. Judicial activism is when courts do not confine themselves to the interpretations of current laws, but instead they create law based on personal or political considerations. The term judicial activism is defined in The Supreme Court by Lawrence Baum as “…A court makes significant changes in public policy, especially in policies that the other branches have established. The most prominent form of activism involves the use of judicial review, the power to overturn acts of other policymakers on the ground that they violate the Constitution”(162). I believe that there are many reasons for why the court has been more activist in some eras than…

    • 307 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    13. I observed that even though women groups were concerned about Clarence Thomas ruling against legal abortion during the first few court hearings when Thomas was asked about abortion he didn't even have an opinion on it. 14.I observed that Anita Hill a professor a law professor from the University of Oklahoma accused Clarence Thomas of sexually harassing her when they worked together. 15. I observed after many hearings of the Clarence Thomas, and Anita Hill case in front of the Senate Judiciary Committee the Senate voted Clarence Thomas to be serve as an associate justice for the Supreme Court by a vote of 52-48.…

    • 814 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Thurgood Marshall Case

    • 1054 Words
    • 5 Pages

    Thurgood Marshall is in an elite group of lawyers, from 1940 until 1960, his time as lead counsel for the National Association for the Advancement of Colored People (NAACP) placed him at the forefront of the Civil Rights Movement. During his tenure, he argued 32 cases before the Supreme Court of America and won 29 of those cases. This prolific use of the law to fight discrimination gave him the moniker “Mr. Civil Rights”. His skill as a lawyer helped to overturn or change laws that discriminated in voting, transportation, housing, and schooling. He specifically challenged laws in the areas of racial inequality in voting practices, racially restricting covenants in housing, segregation in public transportation and public education.…

    • 1054 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    That a case arising under the constitution should be decided without examining the instrument under which it arises?” ( John Dickhaus; 2013) This decision means the rights were given to the Supreme Court to decide this case even though it was stated in the constitution. The courts give many reasons for us to be ashamed of them, but does this warrant the need to limit the tenure of federal judges and turn the court into a partisan war zone? Justices are not concerned with popularity, they make hard, life altering decisions every day without the fear of making many people mad. Justice should be able to sit the bench without fear of worrying about their positions in the court and focus their time and energy on the hard judicial case decisions that come their…

    • 1421 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Although people today would want the Supreme Court by how they interpret the Constitution and would seem like a good idea, nothing extremely great can come from this, maybe only bad…

    • 1313 Words
    • 6 Pages
    Superior Essays