In two cases involving racial discrimination in jury selection Clarence Thomas voted against black defendants. In one case Johnson v. California, he was the sole dissenting member of the Court. In that case the justices ruled 8-1 that California courts had made it too hard for defendants to claim racial bias in jury selection. Clarence Thomas the only black member of the Supreme Court was the sole dissenter. Not even Scalia dissented in this matter. His dissent and rationale is like a Dave Chappelle skit. (See Clayton Bixby).
Thomas said it should be up to the individual states to decide how to prohibit racial discrimination in jury selection. What? it should be left up to individual states, like say Alabama or Mississippi or Texas to decide how to prohibit racial discrimination. Let me tell you how that would look. It would look like black defendants being judged by all white juries. Do you know how I know this would be the outcome? Because that is the way it was before the Supreme Court prohibited racial discrimination in jury selection. What kind of “Justice” is Thomas? Does he know American history at all? Which legal precedent does he rely the Supreme Court of the Confederacy?
In the Texas case Miller-El vs. Dretke,a death row inmate was granted a new trial, with this time Thomas, Scalia and Rehnquist dissenting. This case involved Texas prosecutors eliminating potential black jurors because of their alleged propensity to not seek the death penalty. Thomas in his dissent claims that the prosecutors found other reasons to dismiss the jurors other than race. The majority of the Court did not by it and made it clear to prosecutors that they must explain why they exclude a prospective juror.
In light of Thomas’ views here is a proposed summer reading list for Justice Clarence Thomas, maybe these can open his eyes as to racial discrimination in American history and its omnipresence today:
1. Mis-Education of The Negro by Carter G. Woodson (a great work explaining how African Americans are educated into self-hate. Written in 1933 still very much relevant today.)( Clarence if you read any book this summer read this one).
2. The Autobiography of Malcolm X. (Because you need some knowledge of self).
3. Roots by Alex Haley (Because you need some knowledge of self).
4. Thurgood Marshall: American Revolutionary by Juan Williams (You are on the Supreme Court).
5. The Peoples History of the United States by Howard Zinn
6. Anything by James Baldwin, and Toni Morrison.