From the Milwaukee Journal Sentinel:
In picking Appeals Court Judge Samuel Alito for the U.S. Supreme Court on Monday, President Bush gave his right flank what it wanted: a true-blue conservative. The question now is: Is Bush giving the country what it needs?
The nomination is troubling in that 1) it’s liable to divide America rather than unite it, 2) it lessens the extent to which the court mirrors the nation’s rich diversity and 3) Alito has taken worrisome stands on many issues. Still, Alito deserves the benefit of the doubt until he gets his day in court – or rather before the Senate Judiciary Committee – to make the case for his confirmation.
[…]
But, regrettably, Bush declined to consult with Senate Democratic leaders in making his choice. A big reason President Clinton had relatively smooth sailing on his high court nominees is that he did consult with GOP leaders beforehand.
Another minus is that the nomination lessens the court’s diversity. O’Connor herself had expressed the desire that her successor be a woman. O’Connor seems to have grown wiser about diversity as a result of her Supreme Court experience. She came to see the virtues of having a court that looks like America – doubtless a big reason she softened her opposition to affirmative action in recent years.
In losing a woman, the court with Alito would feature seven white men, one white woman and a black man, who deserves an asterisk because he arguably does not represent the views of mainstream black America.
[My emphasis]
And there you have it: the apotheosis of progressive identity politics played out in a major newspaper editorial in the most baldfaced way I have ever seen. Leaving aside the soft nod to proportionalism implicit in a desire that the Court “look like America” (hell, I could go for having at least one supermodel on the bench my own self), the characterization of Justice Thomas is absolutely stunning for its implications.
Clarence Thomas, the argument goes, is “black” only insofar as his skin color marks him as such; that is, his blackness is “superficial” and genetic. Whereas real “blackness” is a state of mind—and one that is only available to the majoritarian mindset of the “black community.” That is, it is socially determined and socially enforced.
Thomas “deserves an asterisk” because he doesn’t “think” black—black thinking having now been reduced to a single ontological class that is presumably recognizable by how well it tacks with the positions of black leaders and progressive politicos who, in a perverse cycle, define the very “black” interests that mark one as authentically black. Or, put another way, Clarence Thomas is not black so long as, say, Jesse Jackson and Howard Dean decide he’s not.
And that, frankly, is absurd. Because let’s face it: Howard Dean is so white he makes Hugh Grant look like Shaft.
(h/t Media Blog from NRO)
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update: Via Allah, the Corner has this item:
From Forth Worth Star-Telegram columnist Bob Ray Sanders on Miers withdrawal day: “So get ready for the next nominee, who is likely to be a judge as comfortable in a white robe as a black one.
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update 2: Hugh Hewitt has the Fort Worth Star-Telegram’s Bob Ray Sanders on his show to defend his charge that conservatives who lobbied for Miers to withdraw her nomination are racist, and that they want a Justice who would be “as comfortable in a white robe as a black one.”
Not surprisingly, Mr Ray Sanders doesn’t come off so well.
So if Bush nominates Miguel Estrada if another vacancy comes up, does he get an asterisk from the MJS too?
Damn, that’s rich.
With Dean, it’s generic. All slugs are pasty white.
I wish I could say that sort of thing surprised me anymore.
Somewhere Steve Gilliard is reading this post, eyeing Jeff’s pic in the sidebar and wondering how it would look photoshopped with, oh I don’t know, bloody fangs and a yarmulke?
And the ante is upped!
A fellow with a name like “Bob Ray Saunders” is in a position to know what that white robe feels like, too.
It’d sure be enlightening if the MJS printed the accepted “views of mainstream black America” so that we could measure Thomas against that critical standard.
Then maybe the MJS could helpfully define the proper views that ‘mainstream native Americans’ and ‘mainstream Cuban Americans’ and ‘mainstream 3rd-generation Japanese Americans’ and ‘mainstream part-Scottish/part-German/part-Italian Americans’ should hold.
In fact, if they could just define for us which ethnic divisions, socio-economic groups, skin tones, and religious affiliations are required to be represented in which proportions, that’d be really handy. Once that’s complete, I propose that we start a national color-based re-alignment with the staff of the MJS itself! Though without pictures and published pedigrees, how are we to know if each protected class and color are given proper representation? Dilemmas, dilemmas.
Not black enough! sez the Gatekeeper’s Association.
But – what is Justice Thomas’ opinion on fried chicken and watermelon? That’s really the key.
SB: food
Toldya
Unrelated to your point about Identity Politics, Jeff, but:
But, regrettably, Bush declined to consult with Senate Democratic leaders in making his choice. A big reason President Clinton had relatively smooth sailing on his high court nominees is that he did consult with GOP leaders beforehand.
Sad that this guy buys Chuckie Schumer’s silly bullshit so easily.
Clinton had an easy time of it because the Republicans accepted ANYONE who had impressive credentials, regardless of their ideology, as they well should have, and as the Dems should be doing now.
Goddammit, dishonesty like that pisses me off.
This is demonstrably untrue. Ronnie White is the first name that comes to mind, but there were numerous circuit judges that never got a hearing because of ideological opposition.
But back to the Sentinel. What makes the comment so stupid is that apparently a second black judge with an asterisk would have been OK.
It’s amazing what you can get away with saying when you translate the wording into journo-speak. I mean, if they’d written that in plain speaking English and said “a black man, who arguably doesn’t count because he’s a fuckin’ oreo” people might notice.
Sean: damn funny and so amazingly true it stings.
Why is anyone surprised that the democrats trot out the ethnic and race cards? This is their standard method of discrediting a nominee.
They have to stoop to this level of demagoguery because they have no substantive basis for rejecting this candidate on experience or credentials.
BLT, your first comment is right on the mark. Brilliant.
“a judge as comfortable in a white robe as a black one.” Did I miss something? When did Bush nominate Byrd?
tw: red – “I just done red some of Bob Ray’s cogitatin’. That boy’s a few pickles short of a barrel.”
I wonder when black conservatives as a group are going to be large enough and loud enough to be able to put this crap down before it gains any traction.
The KKK takes Catholics now? I wish someone had told me about this.
Which justice represents us retards?
In other words, the left doesn’t like that he’s an uppity negro.
Could we have an asterisk for Kennedy, too? Appointed as white male, thinks he’s Martian?
It’s not about skin color, it’s about how you envision yourself. Bush didn’t need to nominate a prominant Black figure like 50 Cent, he could easily have nominated someone who is equally “black” on the inside like Eminem. Someone who could feel–on an emotional level–what it means to be born a poor Black child in America, and base his judgements on that. Or at least nominate someone who could bring an end to the awful Jay-Z/Nas “beef” what has been dividing the Hip-Hop community for so many years. HOW MANY DISS TRACKS WILL IT TAKE, CONDOLEEZA RICE, BEFORE YOU’LL INTERVENE?
That’s it! Every last bit of confidence I’ve had in this administration has been eliminated by this nomination. Bush had a chance to nominate someone who would UNITE NOT DIVIDE this country, a Progressive idealist who would value social justice above cold inflexible documents written by white slave owners, and legislate accordingly. Instead he nominated a mysogynist, corporate-owned greaseball Hitler who has delusions that he’s Satan in drag–AND I’M NOT AFRAID TO SAY IT, MCCARTHYITES. EVEN THOUGH YOUR NEOCON KEYBOARDS PREVENT ME FROM DOUBLE-CAPITALIZING MY SENTENCES THE EMOTION IN MY PARANOID RANTINGS WILL ONLY INCREASE! YOU HAVE NO IDEA HOW SHRILL I CAN BECOME!!
[Update: when I said “legislate” above I meant to say “adjudicate.”]
Settle down, Beavis.
Clarence Thomas qualifies as “what it means to be born a poor, black child in America.” Getting an education turned him into an asterisk, apparently.
Who’s the justice that represents un-hyphenated Americans?
Bob Ray Sanders is black.
I live in the DFW metroplex.
He’s evidently a fucking moron, too.
I live in the DFW metroplex
Howdy, neighbor. Yes, I’ve heard him on the radio, and that is an apt description.
I told my wife that she must not be a true woman, as she does not fit in the Ruth Bader Ginsberg model.
The bench seats in the van really aren’t that bad to sleep on, I found.
I appologize for using RBG and “model” in the same sentence.
By any meanness necessary.
Turing word: place
I, for one, would like to see the Milwaukee Journal Sentinal stand behind their words. From now on, whenever the discuss the supreme court, I want them to write Justice Thomas* wrote the dissenting opinion…
*not black enough
SeanH your point is brilliant but you know what? In a world where Bill Clinton gets to be the First Black President and that isn’t offensive, I don’t even think calling Thomas* an Oreo would bother people. Because those that care wouldn’t care. He doesn’t “think like a black person”, and therefore doesn’t get the standard black person racism protection package.
So what they’re saying is that skin color doesn’t matter? Excellent. It’s about time.
I wonder if Alito counts as a white male?
“Charles” from 1:57 pm – “Ronnie White is the first name that comes to mind” as a qualified judge stymied by republicans.
Who the hell do you think you’re kidding? I’m from Missouri, and I know that White was/is a democrat political hack who rose through the corrupt ranks of Missouri democrat politics by being an ultra liberal cop hater, and garnering the support of the St Louis Post-Daily Worker. He defended cop killers, and made some of the saddest, most hateful statements heard in this state until the democrats lost their minds after the 2000 elections.
You might be able to scrape up an example of a decent person scuttled by the republicans, but it sure as hell isn’t Ronnie White.
Try again.
TW “wish” I wish people would stick to real history, and keep the bullshit to themselves.
rickinstl, I too am from St. Louis, and thought about noting some of the fine decisions Judge White has made in the past, but quickly realized that there was no point.
And if Jeff was interested, we could get into the semiotics of whether Judge White’s name is black enough.
Now 50 Cent, he represents the black community…
Last night on NPR (here in Philly anyway) they had a debate (panel, whatever) about calling people names like “Oreo”, “Sambo”, “Tome”, etc. Most everyone on the panel seemed to concede that it was OK to label people like Steele, Thomas, Rice, etc. such because they weren’t sufficiently committed to protecting the intersts of the community. It would therefore act as a deterent for others who may consider a jaunt or two off of the reservation.
Listen at the link. It starts at about 7:30 in the stream. I came in at the end, and was just floored.
Turing word: say.
Say it ain’t so.
Breyer. I’m pretty sure Breyer is the retard’s Supreme Court Justice.
“Who’s the justice that represents un-hyphenated Americans?”
Stevens is about as WASPY as they come.
But no, I think the answer to your question is Powell. Maybe Byron White. Unfortunately, they’re dead.
Ya’ll have missed the most stunning revelation in this post:
The true basis of Goldstein’s opposition to the Miers nomination is that she wasn’t attractive enough!!!!