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Clarence Thomas Supreme Court nomination facts for kids

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Thomaseeoc
Official portrait of Clarence Thomas as chairman of the Equal Employment Opportunity Commission around 1989–1990

In 1991, President George H. W. Bush chose Clarence Thomas to join the Supreme Court of the United States. This important court is the highest court in the country. Thomas was picked to replace Justice Thurgood Marshall, who was retiring. Marshall was a very important figure in civil rights and the first African American justice on the Supreme Court.

At the time, Clarence Thomas was a judge on a lower court called the United States Court of Appeals for the District of Columbia Circuit. President Bush had appointed him to that job just a year before. The process of approving Thomas for the Supreme Court was quite difficult and caused a lot of discussion. Many groups, including those supporting women's rights and civil rights, did not agree with Thomas's conservative views.

Despite the debates, the Senate voted on October 15, 1991. Clarence Thomas was approved by a close vote of 52 to 48. He officially became a Supreme Court Justice on October 23, 1991.

Choosing a New Justice

When Justice William Brennan retired from the Supreme Court in 1990, President Bush needed to choose someone new. Clarence Thomas was one of the top people President Bush considered. However, some of Bush's advisors felt Thomas wasn't quite ready because he had only been a judge for a short time. So, President Bush first nominated another judge, David Souter, who was easily approved.

Later, when Justice Thurgood Marshall announced his retirement, President Bush again looked to Clarence Thomas. On July 1, 1991, President Bush nominated Thomas, who was 43 years old and an African American judge with conservative views. President Bush said Thomas was "the best person" to take Marshall's place. Some experts, however, felt that Thomas's experience was limited at the time.

First Hearings

Public hearings to discuss Thomas's nomination began on September 10, 1991. These hearings lasted for ten days. During this time, senators questioned Thomas and other people who spoke for or against his nomination. The senators mainly focused on Thomas's legal ideas. They asked about his past speeches, writings, and decisions he made as a judge.

For example, Senator Joe Biden, who led the Senate Judiciary Committee, asked Thomas about his views on property rights. Thomas was asked if he believed the Constitution gave individuals certain rights over their property, as discussed in a book called Takings: Private Property and the Power of Eminent Domain. Thomas had to explain his thoughts on these complex legal topics.

Senate Votes

Committee Vote

After many discussions, the Senate Judiciary Committee voted on September 27, 1991. They decided to send Thomas's nomination to the full Senate without a specific recommendation. This meant they weren't saying "yes" or "no" to his approval. Earlier that day, a vote to recommend him positively had failed with a tie.

Full Senate Vote

The entire Senate voted on October 15, 1991. Clarence Thomas was confirmed as an Associate Justice of the Supreme Court with a vote of 52 in favor and 48 against. This was a very close vote. He received support from 41 Republican senators and 11 Democratic senators. On the other hand, 46 Democratic senators and 2 Republican senators voted against him.

Virginia Thomas
Clarence Thomas being sworn in as a member of the U.S. Supreme Court by Justice Byron White during an October 23, 1991 White House ceremony, as wife Virginia Thomas looks on
Vote to confirm the Thomas nomination
October 15, 1991 Party Total votes
Democratic Republican
Yea 11 41 52
Nay 46 02 48
Result: Confirmed
Roll call vote on the nomination
Senator Party State Vote
Adams, BrockBrock Adams D Washington Nay
Akaka, DanielDaniel Akaka D Hawaii Nay
Baucus, MaxMax Baucus D Montana Nay
Bentsen, LloydLloyd Bentsen D Texas Nay
Biden, JoeJoe Biden D Delaware Nay
Bingaman, JeffJeff Bingaman D New Mexico Nay
Bond, KitKit Bond R Missouri Yea
Boren, David L.David L. Boren D Oklahoma Yea
Bradley, BillBill Bradley D New Jersey Nay
Breaux, JohnJohn Breaux D Louisiana Yea
Brown, HankHank Brown R Colorado Yea
Bryan, RichardRichard Bryan D Nevada Nay
Bumpers, DaleDale Bumpers D Arkansas Nay
Burdick, Quentin N.Quentin N. Burdick D North Dakota Nay
Burns, ConradConrad Burns R Montana Yea
Byrd, RobertRobert Byrd D West Virginia Nay
Chafee, JohnJohn Chafee R Rhode Island Yea
Coats, DanDan Coats R Indiana Yea
Cochran, ThadThad Cochran R Mississippi Yea
Cohen, WilliamWilliam Cohen R Maine Yea
Conrad, KentKent Conrad D North Dakota Nay
Craig, LarryLarry Craig R Idaho Yea
Cranston, AlanAlan Cranston D California Nay
D'Amato, AlAl D'Amato R New York Yea
Danforth, JohnJohn Danforth R Missouri Yea
Daschle, TomTom Daschle D South Dakota Nay
DeConcini, DennisDennis DeConcini D Arizona Yea
Dixon, Alan J.Alan J. Dixon D Illinois Yea
Dodd, ChrisChris Dodd D Connecticut Nay
Dole, BobBob Dole R Kansas Yea
Domenici, PetePete Domenici R New Mexico Yea
Durenberger, DavidDavid Durenberger R Minnesota Yea
Exon, J. JamesJ. James Exon D Nebraska Yea
Ford, WendellWendell Ford D Kentucky Nay
Fowler, WycheWyche Fowler D Georgia Yea
Garn, JakeJake Garn R Utah Yea
Glenn, JohnJohn Glenn D Ohio Nay
Gore, AlAl Gore D Tennessee Nay
Gorton, SladeSlade Gorton R Washington Yea
Graham, BobBob Graham D Florida Nay
Gramm, PhilPhil Gramm R Texas Yea
Grassley, ChuckChuck Grassley R Iowa Yea
Harkin, TomTom Harkin D Iowa Nay
Hatch, OrrinOrrin Hatch R Utah Yea
Hatfield, MarkMark Hatfield R Oregon Yea
Heflin, HowellHowell Heflin D Alabama Nay
Helms, JesseJesse Helms R North Carolina Yea
Hollings, ErnestErnest Hollings D South Carolina Yea
Inouye, DanielDaniel Inouye D Hawaii Nay
Jeffords, JimJim Jeffords R Vermont Nay
Johnston, J. BennettJ. Bennett Johnston D Louisiana Yea
Kassebaum, NancyNancy Kassebaum R Kansas Yea
Kasten, BobBob Kasten R Wisconsin Yea
Kennedy, TedTed Kennedy D Massachusetts Nay
Kerrey, BobBob Kerrey D Nebraska Nay
Kerry, JohnJohn Kerry D Massachusetts Nay
Kohl, HerbHerb Kohl D Wisconsin Nay
Lautenberg, FrankFrank Lautenberg D New Jersey Nay
Leahy, PatrickPatrick Leahy D Vermont Nay
Levin, CarlCarl Levin D Michigan Nay
Lieberman, JoeJoe Lieberman D Connecticut Nay
Lott, TrentTrent Lott R Mississippi Yea
Lugar, RichardRichard Lugar R Indiana Yea
Mack III, ConnieConnie Mack III R Florida Yea
McCain, JohnJohn McCain R Arizona Yea
McConnell, MitchMitch McConnell R Kentucky Yea
Metzenbaum, HowardHoward Metzenbaum D Ohio Nay
Mikulski, BarbaraBarbara Mikulski D Maryland Nay
Mitchell, George J.George J. Mitchell D Maine Nay
Moynihan, Daniel PatrickDaniel Patrick Moynihan D New York Nay
Murkowski, FrankFrank Murkowski R Alaska Yea
Nickles, DonDon Nickles R Oklahoma Yea
Nunn, SamSam Nunn D Georgia Yea
Packwood, BobBob Packwood R Oregon Nay
Pell, ClaiborneClaiborne Pell D Rhode Island Nay
Pressler, LarryLarry Pressler R South Dakota Yea
Pryor, DavidDavid Pryor D Arkansas Nay
Reid, HarryHarry Reid D Nevada Nay
Riegle, DonaldDonald Riegle D Michigan Nay
Robb, ChuckChuck Robb D Virginia Yea
Rockefeller, JayJay Rockefeller D West Virginia Nay
Roth, WilliamWilliam Roth R Delaware Yea
Rudman, WarrenWarren Rudman R New Hampshire Yea
Sanford, TerryTerry Sanford D North Carolina Nay
Sarbanes, PaulPaul Sarbanes D Maryland Nay
Sasser, JimJim Sasser D Tennessee Nay
Seymour, JohnJohn Seymour R California Yea
Shelby, RichardRichard Shelby D Alabama Yea
Simon, PaulPaul Simon D Illinois Nay
Simpson, Alan K.Alan K. Simpson R Wyoming Yea
Smith, BobBob Smith R New Hampshire Yea
Specter, ArlenArlen Specter R Pennsylvania Yea
Stevens, TedTed Stevens R Alaska Yea
Symms, SteveSteve Symms R Idaho Yea
Thurmond, StromStrom Thurmond R South Carolina Yea
Wallop, MalcolmMalcolm Wallop R Wyoming Yea
Warner, JohnJohn Warner R Virginia Yea
Wellstone, PaulPaul Wellstone D Minnesota Nay
Wirth, TimTim Wirth D Colorado Nay
Wofford, HarrisHarris Wofford D Pennsylvania Nay

Sources:

The process of confirming Thomas took 99 days from when his name was first given to the Senate until the final vote. This was one of the longest confirmation processes for a Supreme Court nominee in recent history. Also, the number of senators who voted against him (48 out of 100) was the highest for a successful nominee since 1881.

Eight days after being confirmed, on October 23, Thomas officially took his oaths of office. He became the 106th member of the Supreme Court. Justice Byron White swore him in during a ceremony at the White House.

Cultural Impact

The public discussion around the Thomas nomination had a big impact. Some people believe it helped raise awareness about important social issues in the United States. It is also linked to what some call the "Year of the Woman" in 1992. During that year, many women were elected to Congress, and some even called them the "Anita Hill Class."

Books and Films About the Nomination

Many books and films have been made about the Clarence Thomas nomination. These works explore the events and discussions that took place during the confirmation process.

Books Discussing the Nomination

Some authors have written books sharing their perspectives on the events. For example, David Brock wrote a book called The Real Anita Hill in 1993. However, he later changed his mind about his views in a 2003 book.

Ken Foskett, a reporter, wrote a book about Justice Thomas in 2004. He suggested that while some events might have happened, the way they were described might not be entirely accurate. He wondered if it was fair to use private actions as a political tool.

Scott Douglas Gerber wrote a book in 1998 about Justice Thomas's legal ideas. He said he wasn't sure whom to believe regarding the different accounts of the events.

Other authors, like Jane Mayer and Jill Abramson, wrote an investigative book called Strange Justice. They concluded that the evidence suggested Thomas had not been truthful during the hearings. Their book was very popular and received a lot of media attention.

Autobiographies

Both Anita Hill and Clarence Thomas have written books about their lives, where they discuss the nomination process.

In 1997, Anita Hill wrote her autobiography, Speaking Truth To Power. In it, she explained why she did not file a formal complaint at the time of the alleged events. She wrote that it was her choice, and that society needs to be more accepting of such claims.

Clarence Thomas published his memoirs in 2007. He also talked about the controversy. He described Anita Hill as someone who might overreact. He also said that the person described in the news was very different from the person he knew.

Films About the Hearings

The confirmation hearings have also been turned into movies:

  • Strange Justice was a TV movie released in 1999 by Showtime. It starred Delroy Lindo as Thomas and Regina Taylor as Hill.
  • Confirmation was a 2016 film by HBO. It starred Kerry Washington as Hill and Wendell Pierce as Thomas.
  • Clarence Thomas also discussed his confirmation hearings in the 2020 documentary Created Equal: Clarence Thomas In His Own Words.
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