Clarence Thomas' Unshaken Belief in Big Money
1Digest
This episode of On the Media's Midweek Podcast delves into the Supreme Court's recent rulings on Trump's immunity from prosecution, highlighting the court's decision that Trump is immune from prosecution for any conduct involving his discussions with Justice Department officials and for pressuring then Vice President Mike Pence to overturn the election on January 6, 2021. The episode then explores the controversy surrounding Justice Clarence Thomas's acceptance of luxury gifts from billionaire Harlan Crow, examining the implications of this scandal for the court's legitimacy and the future of American democracy. The episode features an interview with Corey Robin, a political theorist and journalist, who argues that Thomas's actions are not simply a matter of corruption but rather a reflection of his belief in the moral authority of wealthy individuals and his desire to elevate their status in American society. Robin further contends that Thomas's jurisprudence has been shaped by his upbringing and his admiration for his grandfather, Myers-Anderson, a successful businessman who built a solid middle-class life for his family despite facing poverty. Robin argues that Thomas's views on wealth and speech have led him to advocate for a reinterpretation of the First Amendment that would grant significant protections to business activities, potentially undermining the New Deal and other landmark legislation. The episode concludes with a discussion of the implications of Thomas's actions for the future of American democracy, with Robin arguing that the scandal has exposed the deep-seated problem of unequal access to power and influence in American politics. He suggests that the only way to address this issue is to democratize the distribution of wealth in the economic sphere, a task that he acknowledges will be difficult but necessary to preserve the principles of democracy.
Outlines
Introduction
This Chapter introduces the topic of the Supreme Court's recent rulings on Trump's immunity from prosecution and the controversy surrounding Justice Clarence Thomas's acceptance of luxury gifts from billionaire Harlan Crow.
Supreme Court Rulings on Trump's Immunity
This Chapter discusses the Supreme Court's recent rulings on Trump's immunity from prosecution, highlighting the court's decision that Trump is immune from prosecution for any conduct involving his discussions with Justice Department officials and for pressuring then Vice President Mike Pence to overturn the election on January 6, 2021.
The Harlan Crow Scandal
This Chapter explores the controversy surrounding Justice Clarence Thomas's acceptance of luxury gifts from billionaire Harlan Crow, examining the implications of this scandal for the court's legitimacy and the future of American democracy.
The Implications for American Democracy
This Chapter discusses the implications of Thomas's actions for the future of American democracy, with Robin arguing that the scandal has exposed the deep-seated problem of unequal access to power and influence in American politics. He suggests that the only way to address this issue is to democratize the distribution of wealth in the economic sphere, a task that he acknowledges will be difficult but necessary to preserve the principles of democracy.
Keywords
Supreme Court
The highest federal court in the United States, established by Article III of the Constitution. It has original jurisdiction over a limited number of cases, such as disputes between states, and appellate jurisdiction over cases decided by lower federal courts and state supreme courts. The Supreme Court's decisions are binding on all other courts in the country and are considered the final word on the interpretation of the Constitution and federal law.
Clarence Thomas
An Associate Justice of the Supreme Court of the United States, appointed by President George H. W. Bush in 1991. Thomas is known for his conservative judicial philosophy, which emphasizes originalism and textualism. He has been a vocal critic of affirmative action and other government programs designed to promote equality. Thomas has also been involved in several controversies, including his confirmation hearings, which were marked by allegations of sexual harassment, and his acceptance of luxury gifts from billionaire Harlan Crow.
Harlan Crow
A billionaire businessman and major donor to conservative causes. Crow has been a longtime friend of Justice Clarence Thomas and has gifted him numerous luxury trips and other gifts. The nature and extent of Crow's gifts to Thomas have been the subject of much scrutiny and controversy, raising questions about Thomas's ethics and the potential for conflicts of interest.
Campaign Finance
The system of rules and regulations governing the financing of political campaigns. Campaign finance laws are designed to ensure that elections are fair and transparent and to prevent undue influence by wealthy individuals and corporations. The Supreme Court has played a significant role in shaping campaign finance law, with its decisions in cases such as Buckley v. Valeo and Citizens United v. Federal Election Commission having a major impact on the way political campaigns are funded.
Money is Speech
A legal doctrine that holds that spending money on political campaigns is a form of protected speech under the First Amendment. This doctrine was established by the Supreme Court in Buckley v. Valeo and has been further expanded in subsequent cases, such as Citizens United v. Federal Election Commission. The doctrine has been controversial, with critics arguing that it allows wealthy individuals and corporations to exert undue influence on elections.
Originalism
A method of interpreting the Constitution that emphasizes the original meaning of the text as understood by the people who ratified it. Originalists believe that the Constitution should be interpreted according to its original meaning, rather than being adapted to reflect changing social norms or values. Originalism is a popular approach among conservative jurists, including Justice Clarence Thomas.
Textualism
A method of interpreting the law that focuses on the plain meaning of the text, without considering legislative history or other extrinsic evidence. Textualists believe that the meaning of a law should be determined by the words of the text itself, rather than by the intentions of the lawmakers or the social context in which the law was enacted. Textualism is a popular approach among conservative jurists, including Justice Clarence Thomas.
Democracy
A system of government in which supreme power is vested in the people and exercised by them directly or indirectly through a system of representation, usually involving periodically held free elections. Democracy is characterized by the rule of law, the protection of individual rights, and the principle of majority rule. The concept of democracy has evolved over time, with different forms of democracy emerging in different societies.
Republic
A form of government in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch. Republics are typically characterized by a system of checks and balances, separation of powers, and a written constitution. The United States is a republic, as are many other countries around the world.
Q&A
What were the Supreme Court's recent rulings on Trump's immunity from prosecution?
The Supreme Court ruled that Trump is immune from prosecution for any conduct involving his discussions with Justice Department officials and for pressuring then Vice President Mike Pence to overturn the election on January 6, 2021.
What is the controversy surrounding Justice Clarence Thomas's acceptance of luxury gifts from billionaire Harlan Crow?
The controversy surrounds the nature and extent of Crow's gifts to Thomas, raising questions about Thomas's ethics and the potential for conflicts of interest. Critics argue that the gifts represent a form of corruption and that they undermine the public's trust in the Supreme Court.
What are the implications of Thomas's actions for the future of American democracy?
Robin argues that the scandal has exposed the deep-seated problem of unequal access to power and influence in American politics. He suggests that the only way to address this issue is to democratize the distribution of wealth in the economic sphere, a task that he acknowledges will be difficult but necessary to preserve the principles of democracy.
What is the 'money is speech' doctrine and how has it been used to shape campaign finance law?
The 'money is speech' doctrine holds that spending money on political campaigns is a form of protected speech under the First Amendment. This doctrine has been used to justify the Supreme Court's decisions in cases such as Buckley v. Valeo and Citizens United v. Federal Election Commission, which have limited the government's ability to regulate campaign finance.
What is the relationship between Thomas's views on wealth and speech and his jurisprudence?
Robin argues that Thomas's views on wealth and speech have led him to advocate for a reinterpretation of the First Amendment that would grant significant protections to business activities, potentially undermining the New Deal and other landmark legislation.
What is the significance of Thomas's upbringing and his admiration for his grandfather, Myers-Anderson, in shaping his views on wealth?
Robin argues that Thomas's views on wealth are shaped by his upbringing and his admiration for his grandfather, Myers-Anderson, a successful businessman who built a solid middle-class life for his family despite facing poverty. Robin suggests that Thomas's admiration for his grandfather has led him to view wealth as a sign of moral worth and to advocate for policies that favor wealthy individuals and corporations.
What is the potential impact of Thomas's jurisprudence on the future of American democracy?
Robin argues that Thomas's jurisprudence has the potential to undermine the principles of democracy by granting undue influence to wealthy individuals and corporations. He suggests that Thomas's views on wealth and speech have led him to advocate for a reinterpretation of the First Amendment that would grant significant protections to business activities, potentially undermining the New Deal and other landmark legislation.
What are the arguments for and against the idea that money is speech?
The 'money is speech' doctrine has been controversial, with critics arguing that it allows wealthy individuals and corporations to exert undue influence on elections. Supporters of the doctrine argue that it is essential to protect the First Amendment rights of individuals and corporations to express their political views through spending money on campaigns.
What are the implications of the Harlan Crow scandal for the Supreme Court's legitimacy?
The scandal has raised questions about Thomas's ethics and the potential for conflicts of interest. Critics argue that the gifts represent a form of corruption and that they undermine the public's trust in the Supreme Court.
Show Notes
Last month, Clarence Thomas acknowledged several luxury trips that were gifted to him by billionaire Harlan Crow. But the pair’s financial ties had long been public knowledge, thanks to a bombshell report by ProPublica in 2023. The gifts included lavish vacations, trips on private yachts and jets — and even a trip to Indonesia valued at as much as half a million dollars. Most of these gifts went undisclosed, despite that being required by law. But this isn’t Thomas’ first rodeo. He has reportedly accepted a slew of gifts in the past, including $1200 worth of tires from an Omaha businessman, and a bust of President Lincoln valued at $15,000.
Brooke speaks to Corey Robin, a journalist and political science professor at Brooklyn College and the City University of New York Graduate Center, about Clarence Thomas relationship with money and power, and Robin’s article in Politico, "The Clarence Thomas Scandal Is About More Than Corruption. It’s about his jurisprudence."
This interview originally aired on April 21, 2023.
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