Tuesday, February 2, 2010

Reflections on Our Conversation with Justice Clarence Thomas

Tuesday, February 02, 2010, should forever be marked in the history books of Stetson University. President Libby, upon presenting Supreme Court Associate Justice Clarence Thomas with an honorary Doctor of Laws degree, remarked that Monday evening’s private dinner with Justice Thomas was among the best professional experiences of her career in academia. I could not agree more. Stetson would be hard-pressed to present students, faculty, and guests with a better event than the event that was held on Tuesday.

Clarence Thomas has a “made-for-TV” life story. Raised in the segregated South by his formative grandfather, Thomas largely self-educated himself through high school. Thomas grew up in rural Savannah, Georgia, in extreme poverty. The poverty in his community did not dent the pride, patriotism, and happiness of residents. They didn’t have money or material possessions, but these were not requisites for a good life. Thomas’ memoir, entitled My Grandfather’s Son, recounts his life story.

As Thomas mentioned during our discussion today, having to leave the South to attend college (and subsequently law school) was a very tough decision and something he greatly regrets. This point really resonated with me. I do not for one minute regret my decision to come to Stetson. I have received an amazing education, had many unimaginable experiences, and am well equipped for the future. However, leaving Iowa, my home, was difficult. I look forward to the opportunity to return to Iowa soon to live and work with the people I love most.

I have been looking forward to this opportunity from the moment it was announced. I contacted my former colleagues at The Federalist Society regarding the event, and one of them responded with the following comment: “He’s a wonderful man, very humble, gregarious, good natured. Loves spending time with students.” I could not agree more. What a genuine, gracious, kind, and caring gentleman. I do not get emotional that often, but I found it difficult at times to suppress my feelings. Justice Thomas made real the law and legal decision making in a way I’ve never experienced. Expressing his respect for district court judges and magistrates, Thomas said that his job was easy because he simply second and third guesses other judges opinions. He found the job of the district judge immensely difficult; imagine having to sentence someone to thirty years or life in prison; how about sentencing someone to death? This must surely be a heart wrenching decision, but one that must be made outside of empathy and personal preference and solely inside the realm of the law.

Justice Thomas fervently rejects being labeled or boxed in to a set of expectations. He is black. He is Catholic. But he is also a justice on the U.S. Supreme Court. The former two should not and do not, in his mind, play any role in interpreting the law. His story is beautiful, and he is as proud an American as I’ve ever met. His support and reverence for the United States military is the hallmark of his patriotism.

I jotted down a host of questions to ask Justice Thomas in our private Q&A session, including the following:

Should law schools place a greater emphasis on statutory law as opposed to the current emphasis on case law?

What are your thoughts on abortion cases and the so-called privacy doctrine established in Griswold v. Connecticut?

You described your confirmation hearing in the following manner: “This is a circus, it’s a national disgrace, it is a high-tech lynching for uppity blacks who in any way dain to think for themselves. And it is a message that unless you kowtow to an old order, you will be lynched, destroyed, [and] caricatured by a committee of the U.S. Senate, rather than hung from a tree.” Do you think this comment turned the tide of your nomination?

What is the scope of and why did you dissent in Part IV of Citizens United v. Federal Election Commission?

However, for the sake of time, I decided to ask a question that was more meaningful to myself and, in my opinion, to Justice Thomas. It was a two part question, the more serious of which was the first: What was your experience and perception of the Midwest? And, of all the teams in college football, why do you like the Nebraska Cornhuskers? His response was much what I expected: the Midwest was a great place, with great people, and the place that launched his career. I think the second question kind of offended him! Haha.

Overall, I could not be happier with the day. I would like to thank the Apgar fund, Dean Ballenger, the Stetson College of Law, and Justice Clarence Thomas for organizing and putting on an event with such resounding success. I am so thankful and pleased to have had this opportunity. It is one which I will not soon forget.

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