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The Daily

How Clarence Thomas Came to Reject Affirmative Action

Fri Jul 14 2023
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Description

The episode covers Clarence Thomas' background, education, career, nomination to the Supreme Court, confirmation process, and his views on affirmative action. It also includes insights into Thomas' arguments against affirmative action and other news related to actors' strike and birth control pill approval.

Insights

Clarence Thomas' Background

Clarence Thomas grew up in extreme poverty in Georgia and faced racial discrimination in the segregated South. He considered himself a liberal during his college years but started questioning his radical views. At Yale Law School, Thomas felt tokenized and resented being viewed as someone who only got in because he was black.

Thomas' Career and Nomination

After law school, Thomas joined the Missouri Attorney General's office and aimed to dispel the notion that he's only interested in civil rights issues. He became head of the EEOC and was appointed to the DC Circuit Court of Appeals. President Bush nominated him for the Supreme Court, raising questions about tokenism.

Confirmation Process and Affirmative Action

During his confirmation process, Clarence Thomas faced doubts about whether he was chosen for the color of his skin. Anita F Hill made bombshell allegations, and Thomas referred to the hearings as a high-tech lynching. Thomas opposed affirmative action throughout his time on the Supreme Court, while liberal justices argued for its educational benefits.

Thomas' Arguments Against Affirmative Action

Justice Thomas believes that racial diversity doesn't have educational benefits and that race is a bad metric for achieving true diversity. He argues that students who have overcome adversity should be given an advantage, but not based on race. The liberal justices struggle to respond directly to his claim that affirmative action hasn't shown benefits in test scores.

Other News

In addition to Clarence Thomas' story, the episode covers actors joining Union screenwriters on strike, causing an industry-wide shutdown in Hollywood. The FDA also approves a birth control pill to be sold over the counter for the first time in the United States, with Opil becoming the most effective method available without a prescription.

Chapters

  1. Clarence Thomas' Background and Education
  2. Clarence Thomas' Career and Nomination to Supreme Court
  3. Confirmation Process and Thomas' Views on Affirmative Action
  4. Thomas' Arguments Against Affirmative Action
  5. Other News
Summary
Transcript

Clarence Thomas' Background and Education

00:02 - 08:31

  • Clarence Thomas, the second black justice on the Supreme Court, grew up in extreme poverty in Georgia and faced racial discrimination in the segregated South.
  • After abandoning his plans to become a priest, Thomas pursued a liberal arts education at Holy Cross College.
  • During this time, colleges and universities were actively recruiting and supporting black students as part of the Civil Rights Movement.
  • Thomas considered himself a liberal and was involved in the black power movement.
  • However, he started questioning his radical views and realized they didn't offer any answers.
  • At Yale Law School, Thomas felt tokenized and judged by a double standard due to affirmative action policies.
  • He resented being viewed as someone who only got into an elite school because he was black.
  • Despite benefiting from affirmative action, Thomas bristled against its existence and how it affected perceptions of him on campus.

Clarence Thomas' Career and Nomination to Supreme Court

08:06 - 16:25

  • Clarence Thomas takes classes to define himself beyond being a black student.
  • He regrets putting his race on his law school application.
  • Thomas feels stigmatized and believes it affects his job prospects.
  • He joins the Missouri Attorney General's office and wants diverse cases.
  • Thomas aims to dispel the notion that he's only interested in civil rights issues.
  • He meets Juan Williams, gains attention, and works in civil rights at the Department of Education.
  • Thomas becomes head of the EEOC and is appointed to the DC Circuit Court of Appeals.
  • President Bush nominates Thomas for Supreme Court, raising questions about tokenism.

Confirmation Process and Thomas' Views on Affirmative Action

15:56 - 24:14

  • Clarence Thomas faced doubts about whether he was chosen for the color of his skin.
  • Anita F Hill made bombshell allegations during Thomas' confirmation process.
  • Thomas referred to the hearings as a high-tech lynching.
  • Thomas isolated himself from public life and embraced elite conservative circles.
  • Thomas opposed affirmative action throughout his time on the Supreme Court.
  • In a recent opinion, Thomas argued that affirmative action violates the Constitution's equal treatment principle.
  • Liberal justices disagreed with Thomas' interpretation of the Constitution and emphasized historical context.
  • They argued that racial diversity has educational benefits and should be considered in interpreting the Constitution.

Thomas' Arguments Against Affirmative Action

23:48 - 32:18

  • Affirmative action was never meant to be about reparations or slavery, but rather based on diversity.
  • Justice Thomas disagrees with the idea that racial diversity has educational benefits.
  • He believes that race is a bad metric for achieving true diversity in a classroom.
  • Thomas argues that students who have overcome adversity should be given an advantage, but not based on race.
  • The liberal justices argue that race is an important part of someone's history and should be considered as one of many factors in admissions decisions.
  • They struggle to directly respond to Thomas' claim that affirmative action hasn't shown benefits in test scores.
  • The liberal justices view education as preparing civic leaders and molding better citizens, while Thomas focuses on concrete numbers and sees it as a zero-sum game.
  • Thomas believes affirmative action stigmatizes black people, citing his own long-held belief without extensive case law or precedent.
  • He argues that this stigma outweighs any benefit to individuals or society from race-conscious admissions.
  • Thomas' personal experience may influence his argument, as he came from poverty and made it to the Supreme Court through affirmative action programs.
  • The decision to strike down affirmative action could lead to fewer black and Hispanic students entering elite institutions, according to experts.

Other News

31:54 - 33:31

  • Actors join Union screenwriters on strike, causing industry-wide shutdown in Hollywood.
  • SAG-AFTRA and Alliance of Motion Picture and Television Producers divided on pay and use of artificial intelligence.
  • FDA approves birth control pill to be sold over the counter for the first time in the United States.
  • Opil becomes most effective birth control method available over the counter.
  • Opil could be especially useful for young women and teenagers who struggle with visiting a doctor for a prescription.
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