Clarence Thomas Quotes
Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law. That [affirmative action] programs may have been motivated, in part, by good intentions cannot provide refuge from the principle that under our Constitution, the government may not make distinctions on the basis of race.
Thomas, Clarence. Concurring opinion. Adarand Constructors, Inc. v. Peña, 515 U.S. 200, Supreme Court of the United States, 1995.
Quoted in the Court’s notes of the meeting
Southerners and some others wanted to discriminate and fought civil rights legislation. The excuse they gave for opposition was that the Federal Government was usurping the power of the states to determine what civil rights people of the state would have. Shellabarger made it clear that the civil rights bill would not require ANY rights to be given. It just required that if the states granted rights, they could not discriminate by race as to those rights. But the states were free to decide which rights all citizens of the state would have. See {623473} .
This was the first named Civil Rights Act passed in the United States. It was passed over the veto of President Andrew Johnson, a Southerner, who tried to thwart Congress’s efforts at Reconstruction.
It would be over 80 years before President Harry S Truman accomplished the result by issuing an Executive Order.
These elements later were used in the Civil Rights Act of 1866.
This was the infamous opinion whereby the Supreme Court upheld the “separate but equal” doctrine thereby preserving racial discrimination until the reversal over 50 years later. See the sole dissent of Justice John Marshall Harlan whose views were those that eventually prevailed although at the time all the other justices voted with the majority. See {583706} and {583703}.
Clarence Thomas is an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush and confirmed by the United States Senate to succeed Thurgood Marshall, and is the second African American to serve on the Court. Since 2018, Thomas has served as the senior associate justice, the longest-serving member of the Court, with a tenure of 29 years, 178 days as of April 19, 2021.