Litigation

Justice Thomas Wary of ?Political? Judicial Selection

By Peter Hardin

When Supreme Court Justice Clarence Thomas spoke at the Utah State Bar’s 2010 summer convention, he offered a remark about the best way to choose judges.

After labeling it “insulting” to say the high court allows political pressures to sway its opinions, according to a Salt Lake Tribune article, “Thomas also said he thought it ‘could be a problem’  to have judges selected through a political process.”

The article didn’t elaborate, however, so it didn’t provide a way to tell if Justice Thomas agrees with Justice Ruth Bader Ginsburg. In March, she said she believes states should cease electing judges (see Gavel Grab).

In other remarks, Justice Thomas gave a few glimpses of the personal side of the high court, and a few opinions:

• He has found the Supreme Court to be warm and professional. The court “actually is a family,” he said, with justices who look beyond the opinions held by their colleagues to love and regard them as people.
• When asked about a supposed effort by Chief Justice John Roberts for more consensus opinions, Justice Thomas replied, ?I would equate trying to get the members of the court to do what you want them to do with herding gnats in a hurricane.?
• His top concern, Justice Thomas said, is the court’s Ivy League composition and its shortage of regional representation.

You can learn about the debate over electing versus appointing state judges from Justice at Stake’s issues page on the topic.

Full post as published by The Gavel on July 20, 2010 (boomark / email).