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Clarence Thomas, No Questions = No Answers = No Truth = No Justice


Clarence Thomas has spoken, apparently for the first time, about his reluctance to ask questions during oral arguments and in fact has never asked a question. I guess I don't grasp his rationale. I cannot imagine a condition where a complex issue is under examination where questions would not arise.

More particularly I do not agree with his thinking where he states that the justices already know their positions and thus have no need of questions. This effectively eliminates any need to examine an issue beyond whatever their perspectives already are.

Where Justice Thomas's logic is exceedingly flawed is it nullifies the purpose for and is a judicial corruption of the idea of accepting a case to the court. His rationale means the only reason to accept a case is to change existing law where they are in disagreement with a prior ruling.

Never before has a justice specified a so clearly flawed rationale for departing from the long standing reluctance of the court to revisit existing rulings. Where that departure gives the appearance of being solely about asserting their judicial or ideological view is simply wrong.

http://www.huffingtonpost.com/2009/10/24/clarence-thomas-to-other-_n_332464.html


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I despise Thomas more than I do Scalia. And I really, really hate Scalia with all of my heart, with all of my mind and with all of my soul.

I mean if dick cheney only invited Scalia hunting out of 9 choices on the Supreme Court, that tells you something.

But Scalia is HONEST and FORTHRIGHT in his fascism. As far as he is concerned, the drafters of the Constitution were all fascist corporate rotten people...so we should be also. There is a logic to his position.

Thomas never says a goddamn thing. We know, or at least I know, that he has doubts. If he did not he would speak up more.

The last time I checked, Thomas does not like to write a lot either. He will join in others' opinions.

I CONCUR WITH..........

But in this one particular comment, Thomas is being honest. He is simply saying:

Hey, we know how this is going to go down. Leave the lawyers alone. This is all meaningless. THIS IS ALL POLITICAL, OF COURSE. FUCK FOREFATHERS AND ALL THAT CRAP. WE WERE APPOINTED TO DO A JOB FOR OUR CONSTITUENCY. SO FUCK YOU AND THE HORSE YOU CAME IN ON.

HAHAHAHAH

THE END

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Thomas never says a goddamn thing. We know, or at least I know, that he has doubts. If he did not he would speak up more.

Dick, didn't you perhaps mean to say the reverse of what you said? I would think if he had doubts then he would be logically obliged to ask questions to explore the doubt. If he had no questions it says he has no doubt and thus doesn't need to ask a thing.

Or am I not uderstanding this?

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I was implying psychological factors really. You see, you hit the attorney for 'the other side' with inquiries that you supposedly already have the answer to. So that when the attorney correctly answers Scalia, Scalia can then make him look the fool.

Thomas is afraid he will look the fool because he really does not grasp the philosophical like Scalia. Therefore he could never be sure 'what the correct answer is'.

Thomas just sees the side. Will this help or hurt corporate America?

Will this help or hurt the thought police?

Will this help or hurt the police state?

Scalia says and feels always that HE knows the TRUTH. Of course the truth always helps corporate America, always helps the thought police and always helps the police state.

THE END.

HAHAHHAAHAH

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Well DD, hasn't it always been clear from the beginning that Thomas was thoroughly unqualified to be a Supreme Court Justice? I always thought the Democrats made a huge mistake in playing games with Anita Hill and all that innuendo (whether true or not) about sex harrassment. It didn't work, we know that. But what would have worked would have been simple honest. But the cowardly (and strategically impaired) DC Democrats in the Senate blew it. They didn't have the balls to say simply and plainly that Thomas was incompetent and not up to the job. They feared criticizing him because he wa black and that was why we were treated to that melodramatic "electronic lynching" speech during the hearings. The man was a federal judge for, I believe, less than two years. He had absolutley nothing in his personal or professional experience to recommend him for the position except he was the only reliable black Republican they could find. His performance ever since has demonstrated for all the world to see his utter and complete incompetence.

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Ok. Then Thomas doesn't ask questions because he knows neither the questions or answers?

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Yes. For a person of his station, relatively, he is unqualified. Like Gonzo was unqualified to be legal adviser to the President or AG.

Incompetent with an evil heart. Whereas Scalia is more than competent with an evil heart.

the end

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Your post, and the HuffPo link, tell me that Thomas is just sitting there in a robe.

Why in the hell he's just sitting there in a robe, when at least half of us readers would not only look as good in a robe but use at least half our brains and judgment if we were to replace him, I don't know.

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Half our brain. HA! HA!

Using that predicate we could dismiss half the congress and be guaranteed of a major percentage increase in rational decisions. Half the people and twice the effective brain power.

Actually we could probably get rid of them all and install computers that would make logical decisions observant of the constitution and be way better off. I suspect you could write a program to easily accommodate all the variables and arrive at the correct solutions. The grief we could save, not to mention the money and time would be crazy.

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That's how patronage works LisB. That's why.

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If memory serves, and it often doesn't, I thought I had read that Clarence-baby did ask some questions in the Corporations-as-people case.
I think he wants the other justices to STFU because he wants courtroom time abbreviated; think how long and tedious those arguments can get! It all takes away from Long Dong Silver time!

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Oooooh, that was cold, Wendy!

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'I concur,' But the hearings with him and Anita Hill testifying have been burned onto my retinas; I see his face, and his clenched jaw and lying sweat dripping down his face; his shifting, darting eyes--and the quiet way that Hill answered the obtrusive, masculine, sexit questions she was bombarded with, by Senators whose integrity was far below hers. I do despise him; he outed himself as a sex addict mad with power and lust and dominance.
There; was that more civil?

;-}

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Yes, Wendy, you've got Thomas down, perfectly.
Any woman who has ever had a relationship -- whether professional or personal -- with a man who had a sex addiction recognizes Thomas for who he is, at base, in the real sense of base.
The Madonna/Whore complex is common to men who are themselves, whores. Whether sexually, or politically.
(I'm gonna watch my "following" numbers now, and see how many men drop off the list. I won't be surprised by who drops off.)

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WW, favor please? Can you see if my post from today 6:33pm is listed under recent reader posts on your computer? It shows up on my left hand side where the post is, but not on the recent reader post list...odd, but wondering if it is just my browser?

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Stilli:
I do not see a comment from you at 6:33. I do see one at 7:00.
Is that helpful?

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Thanks, ww...it ultimately showed up, just took awhile. This system is getting hinky...

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Wendy -- I just realized today that I wasn't following you. Surprised but taken care of! Hope not to miss any more of your posts.

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Thanks for the support wendy, and I sure as hell hope you don't lose followers over this. I am so proud that the true leaders on Financial whistle-blowing and in favor of Re-regulation:

Brooksley Born
Sheila Bair
Marci Kaptur
Maria Cantwell

Who am I leaving out? I have dinner on the stove, so I'm hurrying. I used to think it was Third World Women who would save our plantet's ass; now I think it might just be American Women who do. God, I hope somebody can. It may be that as in so many Third World Countries, the women collect and form a movement (and any men who want to come along). Some say women are wired to see into the future more, I don't know, but my main heroes right now are Women!
(and a few men...)

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Plus, wendy, I figured out while I was out pluckin' spinach just now, that lots of your male followers are no doubt feminists already. Just for fun, I will tell you that my husband sometimes wears an "A woman without a man is like a fish without a bicycle' T-shirt. I found it at our thrift store, and he loves it! (Yeah, lucy moi...)
I can think of a dozen men straight-away at the Cafe who are feminists, whether they call themselves that, or not. ;-)

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It is my hope, Wendy. Because there are many men here I care asbout who not only get it, but believe it. But there are others (about whom I also care) who are smart, discerning, laudable in all other ways -- yet who evidence the Thomas porn problem. We'll see.

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Ah yes, Wendy, and *how it takes me back!*

That's the guy I remember alright. Everything you say is true, and vividly consistent with what went down. I had a somewhat different take: "assuming this sex stuff is true, it's still not my biggest problem: who TF *ever* got the idea that this unqualified joker should even have been *nominated??!*"

However you slice; he sure has turned out to be an anachronism and a curiosity (silent yes-man to Scalia); you could say *bizarre,* in fact!

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Thomas has a Ten Commandment mentality...God said it, I believe it, no one questions God.

From what I've read I get the impression Thomas believes as a justice his perception of the Constitution and the rule of law are set in stone - unchanging. If that were the case, would there ever need to be a Supreme Court - the law is written and people are trained to interpret the Constitution as it was meant to be so there isn't any reason challenge what has already been written and decided.

Too bad the democrats haven't any hair on their balls to challenge him with an impeachment hearing to determine if he really is suitable for being on the court.

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I'd guess without taking the time to research it that you could easily find persons who think justice Thomas isn't suited to be on the court. But then I think that of justice Roberts for the simple reason that he is quite apparently a corporate tool and always has been. I see the court in terms of interpreting the constitution relative to citizens and not corporations. The corporate personhood argument doesn't work for me. I doubt Bush appointed Roberts for his conservative viewpoint. More for his pro business stance to cement the power of corporations under law.

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Talking about corporations, courts and Republicans, didn't John McCain say that making Roberts Chief Justice would help prevent a government takeover of the justice system?

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Yeah, well just consider the source and you've got it nailed. He who doesn't even know how many homes he has probably isn't one to espouse a reliably accurate opinion.

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The next thing crazy McCain will be railing about is a government takeover of the executive branch by Obama.

Horrors!

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The Republicans are going to do something about that, some dillying, some dallying, some sass-shaying and some holds and delays on 173 or so appointments and vacancies because they know and believe in their gut that government is not only not the solution, but by its very nature goes against the principles and ideals this great country was founded upon.

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I agree that the corporate personhood is a farce - the corporation already has citizen privileges thru all the members that make up the corporation. To give the corporation personhood is to give the members twice as much power than a disenfranchised citizen not associated with the corporation.

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So Clarence walks in to every case with his "mind" made up? Although I am not surprised, I am amazed that he would say it -- and not be challenged in any way. What a tool!

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He said it. So there you are. Like if we needed another example of powerful people in or out of government plainly saying fuck you to the majority.

As Dick said above, Thomas is being honest. I like honesty. But I have a problem with being able to be honest while corrupting our constitution and not have any recourse to address the corruption. Might as well allow everyone the right to pull out their six shooter in full view of everyone and put a hole in someone because they believe it's the way it should be.

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That should be enough for Congress to open a hearing to decide if Thomas should still serve on the Court. They can impeach him if the situation warrents.

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Like THAT'S going to happen! They should have impeached Dubya AND Cheney but they didn't have the guts. They could investigate now but they don't have the guts. Health reform requires one lame hobbling repuican vote. Why? because they either don't have the guts or they are invested in the outcome.

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The republicans were running the show when the Gruesome Duo were destroying the fabric of America and they weren't about to let what happened to Nixon happen again. They gave them carte blanche authority to do as they pleased without the fear of oversight. I still insist Congress with it's imaginary majority should unearth all the wrongs committed during the last 8 years and bring them all into the halls of justice for their day in court for the whole world to witness.

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One of the first things Pelosi did when democrats took over in 2006 was take impeachment off the table. That is, we don't care what GW did or if it was criminal or not. It isn't our problem.

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Poor Clarence is the protagonist in his own novel. It's the story of a man who attains the outward trappings of success by selling his soul.

Sometimes, a narrow-minded Supreme Court appointee can grow on the bench, gaining expertise and wisdom through the process of argument, counter-argument, research and decision-making. Clarence, by his own admission, comes to each case with a closed mind. He possesses no curiosity, no imagination. Without imagination there can be no empathy, no growth. His agenda never changes. Embittered now, he's cast in stone.

I wonder what he sees when he looks in the mirror.

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Just what he wants to see. No more, no less. He is trapped in the lies of his own conscience. It it this mechanism that saves him from being ravaged by his own insanity.

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As I recall, during Thomas confirmation hearings, stari decisis was a big issue with some who opposed him. They pointed out articles, papers, and speeches in which he advocated fundamental changes in established legal precedent. The defense was that few of his decisions had been overturned so he must be ruling correctly.
The follow on to the logic of the opposition was to point out the difference between an appellate judge and a Supreme. I didn't see it made clear that as an appellate judge he was in a position of only [mostly] deciding whether proper procedure had been followed and whether the decision did in fact follow established law and precedent and that any ruling by him that did set a precedent would be overruled, or at least could be. The critical difference is that as a Supreme he could be effective in changing the law of the land in the goofy direction that he had advocated in his writings.
Now the fat toad cipher doesn't need to ask questions that would stretch out the proceedings and the time that he is required to sit there. He already knows HIS answers, as did the R's who pushed him forward. He gave his answers before ever being nominated.

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'planet's ass', of course; i saw it sail away incorrectly.

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"Never before has a justice specified a so clearly flawed rationale for departing from the long standing reluctance of the court to revisit existing rulings. Where that departure gives the appearance of being solely about asserting their judicial or ideological view is simply wrong."

But you see, the wingnuts just take what we see as outrageous statements to be simple candor. And there is a reason why. Recall for a moment that for the past nearly 50 years they have been claiming that what Thomas said about the court was true of liberals. They have used all of their Supreme Court appointments during this period as opportunities to do exactly what Thomas said. He is simply confirming the mission he was given as a loyal political hack which is exactly what he, Scalia, Roberts, Alito, and to a lesser degree Kennedy are. Kennedy has been a frustration to the wingnuts due to his occassional heresy and reasonableness. Most of the time, however, he can be persuaded to carry out the mission as described by Thomas. That Thomas is not shy about stating his viewpoint is simply an indication of how deeply corrupt he is and how deeply corrupt and rotten the mind of the GOP is. This is nothing but confirmation of what we already know of course. They have every intention, for example of dismantling Roe v Wade bit by bit. Roberts and Alito have been quite clear about how they believe the work should be done on Roe. Scalia, fascist that he is, would not be so subtle. Watch how brazen they are in their upocming decision to allow corporate money into the elections process nationwide. We'll see what the Democratic Congress is made of when that comes down, but I'm afraid we will see that it isn't made of very stern stuff.

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I'm waiting to see what happens with the campaign money thing too. As I already said I think it'll be used to further cripple the government in terms of it's relation to business and especially Wall Street. This has already been notably tilted to disfavor individual citizens and I don't see a Roberts court doing anything to remedy that. My expectation is very much the opposite.

This will simply continue the pattern we have been observing ever since Reagan was in the WH. This has been, without a doubt, the most dramatic philosophical shift of governance ever in our history and already it has produced some seriously bad outcomes. And because of the corruption it implies I don't see that it will be acknowledged.

People like us look at this and see very clearly what is occurring and even though we complain to our elected officials of the extreme change in the character of governance all our pleadings fall on deaf ears. On Saturday past I mailed still another letter to Obama pleading, begging to stop this runaway train. So far no dice. You can't screw over the majority forever without paying a heavy price for that stupidity. I told Obama this country being only about money is a losing proposition. Quite apparently the hundreds of millions in campaign dollars from corporations has dulled his conscience.

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