In what might be the last days of the republic & free speech, let us look at SCOTUS Justice Clarence Thomas. Context of his nomination is important. In 1991, Thurgood Marshall, the 1st Black justice, retired. Marshall had argued Brown v Bd of Education. [FN1] 1/11

Brown held segregation of public facilities, specifically schools, violated equal protection under the Constitution. At word of Marshall’s retirement, right-wingers did little dances. Thomas has established quite a record, if one looks at a balance sheet - literally. 2/11

Thomas has enjoyed perquisites from billionaires w/cases before the Court. If sanity rules & trump’s dictatorship is prevented before it can begin, the Office of the Attorney General should investigate SCOTUS payola. Scant attention is given to Thomas’s judicial philosophy, 3/11

for years rooted in “originalism,” that “the words of a document be given the meanings they had when they were adopted.” [FN2] Here the document is The Constitution & a problem is the Framers’ intent about their intent. 4/11

There “is no indication that they expected or intended future interpreters to refer to any extratextual intentions revealed in the convention’s secretly conducted debates.” [FN3] The Framers said not to look to their intent. The Constitution, once ratified, was an act 5/11

of the people, not State governments or the federal convention. [FN4] The Framers avoided the word “slave,” but allowed States to count slaves (as 3/5 of a person each) for seats in the House. [FN5] Importation of such Persons could not be prohibited before 1808. [FN6] 6/11

George Washington arrived for the 1787 convention “in his own carriage, driven by his slaves.” [FN7] The clear intent of the Framers was to keep slavery not only legal, but protected by The Constitution. To apply Thomas’s judicial philosophy to Thomas: he should resign. 7/11

The Framers provided for the process of amendment. [FN8] They also were aware of people who crave power. A dictator is scheduled to take the oath as Pres on Jan 20. To save the USA from tyranny, Pres Biden should elevate substance over form. 8/11

Footnotes:
FN1. 347 U.S. 483 (1954).
FN2. Black’s Law Dictionary, 10th ed., 2014, p. 1275.
FN3. Powell, H. Jefferson, “The Original Understanding of Original Intent,” 98 Harvard L Rev 885, 903 (March 1985). Follow Cassie Jackson on Facebook! 9/11

Footnotes:
FN4. The Federalist No. 40 (James Madison).
FN5. Const. Art. I, sec 2. 10/11

Footnotes:
FN6. “The [] Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight..” Art. I, sec 8.
FN7. Stewart, David O, “The Summer of 1787,” 2008, p. 29.
FN8. Art. V. 11/11