Supreme Court Justice Clarence Thomas is raising eyebrows and getting plenty of eye rolls for his comments on a landmark Court decision that helped invigorate the Civil Rights Movement.
On May 23, the Supreme Court ruled 6-3 in the case of Alexander vs. South Carolina Conference of the NAACP and reversed a lower court decision suggesting that race was a factor in recent congressional redistricting in South Carolina. The Courtβs six conservative judges voting together in the majority. The NAACP told Newsweek that the decision was a βsevere blowβ and βgut punchβ to democracy and the American people.
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Justice Thomas took time to cosign Justice Samuel Alitoβs opinion for the Court, writing a concurring opinion claiming that the courts should have nothing to do with how political districts are designed.
βDrawing political districts is a task for politicians, not federal judges,β Thomas wrote. βThere are no judicially manageable standards for resolving claims about districting, and, regardless, the Constitution commits those issues exclusively to the political branches.β
But then, he made comments that singlehandedly set the Civil Rights Movement Thomas went on to blame the problem with these kinds of cases on the Supreme Courtβs historic 1954 Brown v. Board of Education decision which banned racial segregation in public schools.
Thomas claimed that in the case of the Brown decision, the court went too far calling the ruling an example of the courtβs βextravagant uses of judicial powerβ¦ at odds with the history and tradition of the equity power and the Framersβ design.β
The original Brown decision argued that racial segregation goes against the 14th Amendment to Constitution, which guarantees equal protection under the law. But Thomas has long argued that thereβs nothing wrong with the idea of βseparate but equal.β
βRacial isolationβ itself is not a harm; only state-enforced segregation is. After all, if separation itself is a harm, and if integration therefore is the only way that Blacks can receive a proper education, then there must be something inferior about Blacks. Under this theory, segregation injures Blacks because Blacks, when left on their own, cannot achieve. To my way of thinking, that conclusion is the result of a jurisprudence based on a theory of black inferiority,β he said in 2004.
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