Justice Thomas’s Absence from the State of the Union Explained

(September 29, 2005 - Photo by Mark Wilson/Getty Images News)
As much as it pains me to delve into the world of post-State of the Union commentary once more, I saw this story and thought it worth the effort. Many of you may have noticed that Justice Clarence Thomas was absent from the State of the Union Address. In all those slow motion replays of Justice Alito’s reaction to the President’s shameful remarks criticizing the Court’s decision in Citizens, Thomas was glaringly absent leading many to speculate about his motivations. I have no doubt that by now you have heard a variety of explanations for this absence, but I thought you might like to hear what the Justice had to say about the matter. In a great piece by Philip Terzian at the Weekly Standard, he carefully articulates the position of the missing Justice and shares a few words from Thomas himself. This article and the words of Justice Thomas give me great hope that there may be at least one man of principle left in Washington after all. Have a look.
Thomas offered several reasons for the court’s decision, which I won’t repeat here; but what intrigued me was his parenthetical explanation for his absence from the State of the Union address. “I don’t go because it has become so partisan,” he said, “and it’s very uncomfortable for a judge to sit there. There’s a lot that you don’t hear on TV: The catcalls, the whooping and hollering and under-the-breath comments. One of the consequences is now the court becomes part of the conversation, if you want to call it that, in the speeches. It’s just an example of why I don’t go.”
This is a refreshingly antediluvian view of judging: Discomfort in the presence of partisan misbehavior, an obligation to remain passive–or at any rate not to react–when provoked. What struck me about the famous moment when Justice Alito visibly shook his head and muttered when Obama misrepresented the meaning of the decision was not Alito’s action–which was swift, reflexive, and not intended for public consumption–but the alacrity with which the Senate Majority Whip, Dick Durbin of Illinois, and several of his Democratic colleagues, sprang to their feet and loudly and conspicuously applauded Obama’s statement. Durbin, in particular, seemed to lean over Alito as he clapped, and clearly took some delight in taunting the justices.
Read the full article here…
Via Memeorandum
Trackback URL
