Book Review
3/5 stars
The Enigma of Clarence Thomas
"1/2 passable analysis; 1/2 Standard Left-wing Claptrap"
This book is moderately "food for thought," but certainly not good enough to be on the Basic Books imprint.
Best quote of the whole book--and Thomas's jurisprudence in a nutshell (p.191): "One of the great failures of contemporary politics is that it forsakes the hard-won knowledge of the black past for a false promise of the black future; 'We prefer the speculations of seers and clairvoyants to the certainty of past experience.'"
Clarence Thomas's extreme reticence/ laconicism tends to obscure the fact that he actually has a very agile legal mind. (A total of about 700 opinions, approximately 25 per year.)
Within the void of his silence, people are able to ascribe positions to him and create a man that never existed. (Herbert Hoover was another example of someone that had a "fictitious person" created on his behalf by a trillion biased newspaper articles, one at a time.)
To the end of getting at the Real Clarence Thomas, Corey Robin takes the trouble to READ what Thomas has *actually written*. (Thomas himself says [p.12]: "Let them read my opinions. I say what I have to say in my opinions.")
Robin provides us with a *somewhat* thoughtful book, after having taken the challenge that extremely few other pundits have-- i.e., actually *reading* Justice Thomas's legal opinions. (In another time in place, the purpose of academic discourse was to confront/analyze the ideas of people with whom you disagreed and not demonize them.)
Robin, right within the introduction (p.15): "I reject virtually all of Thomas's views. In presenting his vision, however, I've opted for interpretation and analysis rather than objection and critique."
And to that end, the book is very heavily sourced: 61 pages of bibliography / embedded notes (out of 200 pages of prose).
His conclusion is that Clarence Thomas is actually a Black Nationalist who started out on the Radical Left and, after realizing the inability of government to address these problems moved to the Radical Right.
Robin makes this deduction by reading Thomas's actual words rather than answering strawman objections.
Even as radical as Thomas's ideas may seem, in reality they are foreshadowed by great thinkers before him: BT Washington. Frederick Douglass. Malcolm X. Thomas Sowell. (Incidentally, every single one of those authors is referenced in this book):
1. Integration/ equality of public accommodation is not going to solve what are essentially financial problems;
2. Learning to make/ sell things is a much more reliable route to income;
3. Black people can figure out how to do things that generate income, *given enough time*, and being left alone by the federal government. (And the corollary is that: state power and state action are Public Enemy Number One.)
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In other ways, this author is extremely intellectually dishonest.
Standard left wing fare:
1. If police officers arrest 100 people for stealing hubcaps and 98% of them are black, it can only be because the police are racist and not because black people disproportionately steal hubcaps. (p.208) in this author's mind, any police action that brings up more black people than whites is racist by definition.
2. Capitalism is the Number One bête noire, and strong policing can't be used only to protect innocent citizens from crimes. No, it has to be "used to shore up markets and threaten poor and working class people with the prospect of punishment should they not conform to the market's dictates" (p.210). The author calls this "carceral capitalism."
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The Justice Thomas that is shown from these pages is the opposite of most black intellectuals in two very important ways:
1. He is extremely succinct;
2. He is an actual Student of History (How many living black people have actually read Frederick Douglass or WEB Dubois? VERY FEW.)
Thomas's life path/formative experiences were something like:
1. Birth in Gullah speaking Pinpoint, Georgia. (He knows black people very well, and they are not an abstraction.)
2. Attendance at Holy Cross College, graduation #9 out of 521. (He had the experience of participating in the Black Power Movement-- and the observation that it went nowhere fast.)
3. Completion of law school at Yale. (He found that his degree was not helpful getting a job because he was constantly laboring under the suspicion that he was "only an affirmative action admit.")
4. Working in the government. (Here he experienced the fact that Well Meaning White People run this or that government program to help black people out of contempt and not empathy.)
5. Appointment to Supreme Court. (Efforts to produce the clutching hand of the state in order to give black people the chance to figure it out themselves.)
Second order thoughts:
1. I wonder if Corey Robinson is married to a black person, or has one as an in-law. This is the first white person that I've ever encountered that knows about "colorstruck-ism" / light skin privilege within black people. (p. 22): "...black liberalism is the language of light skin privilege."
2. Eric Hoffer wrote about these things 3/4 of a century ago. ("The Orthodox Jew is less frustrated than the emancipated Jew and the segregated Negro in the South is less frustrated than the Negro in the North.")
3. Even a cursory reading of black history since the Reconstruction can show that Well Meaning White People are always and everywhere bad news for blacks (if for no other reason than the fact that they engage blacks in the false delusion that the state will be the instrument of their salvation). But, if Clarence Thomas is seen as an extremist as a result of looking into the historical record, is there any hope at all for black American people?
Will they ever come to the conclusion that the state cannot solve problems? (It's been a century and a half since the end of Reconstruction. Why should the next century and a half be any different?)
Even though Thomas's ideas are, in a sense, recapitulative of all of the other masters of thought that I've mentioned before..... He is significantly different in the fact that he is actually in a position to have a positive influence.
4. (p.163). The author's credibility was significantly damaged the moment he took a position on the Anita Hill affair. What does that have to do with Thomas's jurisprudence?
5. The author does a lot of strange mixing of apples and oranges. As in the 9th chapter (p.192), ... "The White Constitution makes black freedom possible through the instruments of policing, punishment, in prison." And yet just recently commonly author was making us believe that "white Constitution" was a synonym for the Constitution up until the Reconstruction amendments. There's nothing in Justice Thomas's jurisprudence to make us believe that he inherently prefers that just because it might be racist, but maybe he *does* want people to experience consequences for their actions.
6. It is true that the welfare state and non-classical liberalism has been very bad for black people. If somebody can see that, how is it not logical to want to reverse the direction of the country from the time of the Great Society?
7. It's probably beyond the scope of the book, but the author does treat governments that have "and obvious connection [between criminal behavior and state sanction], tight and clear to all" (p.196) as a floating abstraction. Meanwhile, in places like China and Singapore are very authoritarian, but also very safe.
8. Even though the author is quite biased against thomas, he unintentionally demonstrates to us that s
Supreme Court Justices have no blanket immunity from being rip roaring idiots. (I'm thinking Sotormayor, p.203. Did she really quote Ta-Nehisi Coates in a Supreme Court opinion?)
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Chapter summaries:
°°°Part I (Race)
1. Formative experiences in Thomas's early years up to about 1985 that inform his views on race.
2. Thomas takes the experience of racial stigma as a given and asks questions about what can be done within the existing reality (as opposed to an idealized reality) and his first and last question in many of his opinions is "in what way does this benefit / harm black people?
3. Integration is not the panacea that many think it is, and the subtext of it is that "black people are so obtuse, they cannot solve their own problems and integration is their only hope."
°°°Part II (Capitalism)
4. Markets know no color, and a portable skill does not depend on government largesse.
5. Restricting the power of government is a way to keep it away from black people (p.106). The three tools are: a. De-emphasizing the power of voting (don't worry about voting laws that are too restrictive); b. Demonstrate that the state is unable to improve the lot of black people (a significant fraction of his opinions look at statues in light of how they affect black people); c. Deprive the state of legislative and regulatory tools to regulate black people. (Interesting discussion in this chapter of the amorphous/stretched-beyond-recognition Interstate Commerce Clause.)
6. There's actually quite a bit of discussion here about why campaign finance laws are treated as freedom of speech issues. Something like: if money is speech, and if black people want their voice represented and they have to pay for it.... Maybe they will set about the task of making money in order to communicate their preferences. And that will draw them inexorably toward the market's sphere and away from the political sphere.
°°°Part III (Constitution)
7. Originalism is not with respect to the
entire Constitution, but only the parts that would make sense from the perspective of a black head of household. (So, as here, the right to bear arms would not only be because that was the original meaning of the Constitution. But, it could be interpreted that: a black man has the right to defend his family.) Several opinions of Thomas are cited that discuss the effect that laws might have on black people.
Adumbration of the chapters on the "White Constitution" (the parts before abolition--shorthand for "devolution to States' Rights")/"Black Constitution" (this includes the 13th, 14th, and 15th amendments that were added during Reconstruction--shorthand for "increased Federal control.")
(p. 153): "In returning to the White Constitution of slavery and Jim Crow, Thomas hopes to find the resources for African-American renewal today."
8. Complicated discussion of "Black Constitution" as a way to "revive the privileges or immunities clause and abandon equal protection and due process clauses." (p.174)
9. (p.191) Federalism leads to a raising of the threshold for punishment, thus to the defanging of the States, and therefore a lowering of law and order. Thomas wants to see this reversed, because in earlier times Law & Order created black people that had better habits of self-discipline that allowed them to survive slavery and Jim Crow. Some discussion of the fact that harsh conditions and prison (let's imagine a transgender "female" put in a male prison and then beaten and raped by male prisoners) are not, strictly speaking, part of the punishment announced at sentencing.
10. (p. 219): Robin doubles down on his inanity, and the empirical facts that "racism is permanent, the state is ineffective, and politics is feeble" somehow directly leads to "men armed to the teeth, people locked up in jails, money ruling all, and racial conflict as far as the eye can see."
The book started out as one about Justice Thomas's jurisprudence and ended up *yet another* strained anti-capitalist/ racism-explains-everything screed?
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Verdict: I would recommend this book at the second price if only to get a taste of the over 700 opinions that Justice Thomas has written.
The book is also poorly reasoned (in many respects), and taking apart the reasoning is like doing a moderate Sudoku puzzle.