Thomas criticized the majority for imposing ''its own sense of morality and retributive justice'' on state lawmakers and voters who chose to give state judges the option of life-without-parole sentences. ''I am unwilling to assume that we, as members of this court, are any more capable of making such moral judgments than our fellow citizens,'' Thomas said. NYTimes, May 17, 2010
Wow! Even for a long-time follower of the diminutive career of Justice Clarence Thomas, this one is particularly mind-boggling. He appears to have forgotten what the Supreme Court is for. He calls it a "moral judgment" but what he is talking about is the job of the court to ensure that government legislation and policy does not infringe on the rights guaranteed by the Constitution of the United States. Thomas, having accepted the job of navigator on this airplane, suddenly exclaims, "why are we on an airplane? We should be on a boat instead" and jumps out the window.
What is a "moral judgment"? The majority (6-3) simply agreed that the Constitution of the United States prohibits "cruel and unusual punishment". Is it a moral judgment to force voters and legislators to obey the constitution? Could it be that the framers of the constitution didn't mean cruel and unusual? Maybe they meant to ban "reasonable and humane" punishments instead.
One has to ask the obvious question: does Clarence Thomas know he is on the Supreme Court? Does he understand what a Supreme Court does? If the Supreme Court is not capable of "making such moral judgments" about what was meant by "cruel and unusual", then what exactly, one wonders with astonishment, is the function of the Supreme Court?
But then we know what Clarence Thomas' answer would be: to prevent suspects from defending themselves against criminal charges. To prevent citizens from suing corporations. To prevent corporations from being unprofitable. To prevent minorities from oppressing the majorities with their extravagant demands for equal opportunity, fair wages and a safe workplace. To prevent women from stealing jobs from white men. To prevent black men from stealing jobs from white women. To prevent parents of minority school children from demanding trained teachers and science labs. To prevent reporters from demanding information. To prevent police from having to seek medical attention for injured prisoners. To prevent privatized prisons from having to provide adequate space and staff for prisoners. To prevent witches from witching and sorcerers from corrupting the minds of young children with their liberal theories and scientific text books and pagan culture. To prevent feminists from being feminine and masculine men from using mescaline. To prevent guns from falling into the hands of pacifists and pacifists from falling into the hands of lesbians. To prevent lesbians from being lesbians or living in sin or enticing gay-bashing preachers to have children they could adopt.
Let us all now and forever and again deliriously sing the praises of the unlawful, the unconstitutional, the transcendent Clarence Thomas. May he go down in history as the only Supreme Court Justice to ascend directly into heaven.
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© Bill Van Dyk
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