Monday, November 08, 2004

Clarence Thomas for CJ?

Drudge tells us that Bush is considering elevating Clarence Thomas to the post of Chief Justice of the Supreme Court.

The post of CJ-SCOTUS might not seem to be a big deal. But the administrative head of this nine-member body has considerable power that most people do not appreciate. His most salient power, at least according to the late CJ Warren Burger, is the power of assignment, whereby he picks who will write the majority or per curiam opinion. The CJ also chairs those Friday morning meetings during which the Court decides which appeals (or, more usually, petitions for writs of certiorari) it will grant and which it will deny.

Clarence Thomas has been and is the most brilliant mind that the Court has, or has ever had. I have seen him cite the Declaration of Independence as an authority for some of his opinions. Moreover, he is the biggest stickler for what the Constitution actually says, as opposed to what some on the Court wish it said, that I've ever seen. If any sitting member of the Court ought to be CJ, he should.

Did I mention that he's black? No, I didn't, did I? Was that an oversight on my part? No. Put simply, it doesn't matter--though it might matter that he's a self-made man in every sense and not a "privileged character."