The link goes to a Reason magazine column by Matt Welch. The first quote comes from Clarence Thomas, and the second quote from Bob Barr. The Thomas quote goes back to a 1987 interview with Reason I hadn't seen before. 1987 was 5 years before Thomas became a Supreme Court Justice. Here's the relevant passage (with some typos from the obviously scanned text fixed):
Reason: I suspect that [Thomas Sowell] might think that the EEOC ought not to exist. Why do you think that this agency should exist in a free society?Not really that strong of a statement against the Department of Commerce, is it?
Thomas: Well, in a free society I don't think there would be a need for it to exist. Had we lived up to our Constitution, had we lived up to the principles that we espoused, there would certainly be no need. There would have been no need for manumission either. Unfortunately, the reality was that, for political reasons or whatever, there was a need to enforce antidiscrimination laws, or at least there was a perceived need to do that. Why do you need a Department of Labor, why do you need a Department of Agriculture, why do you need a Department of Commerce? You can go down the whole list--you don't need any of them, really.
I think, though, if I had to look at the role of government and what it does in people's lives, I see the EEOC as having much more legitimacy than the others, if properly run.
Skipping ahead, I see Reason asks the very question that sets off my anti-libertarian feelings. From the interview:
Reason: Say I'm a private employer and I'm a racist, and no matter how qualified a black candidate is I don't look at him. Isn't it my right to hire whom I choose? Should the state force me to hire somebody?Putting it back in the context of reality.... I like seeing how quickly Clarence Thomas said that, and I will continue to be wary of the kind of people who seem to continually need to have that said to them.
Thomas: I guess theoretically, you're right. You say, it's my property and I can do as I damn well please. I'm able to choose my wife, I can choose my employees. I can choose where I live, I can choose where I want to locate my business, the whole bit. I think, though, that we've embodied the principle of nondiscrimination because we don't have a homogeneous society. And the problem is that we had state-imposed racism in our society. We had segregation and slavery that was state-protected, state-imposed, state-inflicted. The state can't undo the harm that was done, but I feel very strongly that if there is any role for the state, it is to protect us from others.
Let's look at it from the other side. When you prevent somebody from participating in our free society and the economics of our free society, I have some real problems. That's a right to me.
Reason: Well it's clearly immoral to do that, but should it be illegal?
Thomas: I'm torn. If I were to look at it theoretically, as you say. I would have to say I'd like the state out of my business. Putting it back in the context of reality, I can't say that. I have seen the devastating impact of the denial of economic opportunities to certain groups, including my race.