I’ve been getting a lot of queries about Clarence Thomas’s concurring opinion in Box v. Planned Parenthood of Indiana and Kentucky. Briefly, Thomas spends all but a few paragraphs of his twenty-page opinion outlining what he sees as the eugenicist dimensions of abortion and birth control. This, as many have noted, is a new turn in Thomas’s abortion jurisprudence. Thomas essentially argues here that abortion is the way that women select and de-select the kinds of children they’re going to have. What’s more, while much of the discussion on the right in this regard focuses on how considerations of the sex of the fetus or the presence of Down syndrome may influence the decision to have an abortion, Thomas focuses overwhelmingly […]

I’ve been reading Jill Abramson’s and Jane Mayer’s Strange Justice: The Selling of Clarence Thomas, the definitive account of Thomas’s confirmation battle, which came out in 1994. Here are eight things I’ve learned from it. Among the many surprises of the book is how men and women who were connected to the confirmation battle, or to Thomas and/or Anita Hill, and who were little known at the time, would go on to become fixtures of and issues in our contemporary politics and culture. 1. Edward P. Jones, author of The Known World, which won the Pulitzer Prize in 2004, was Clarence Thomas’s classmate at Holy Cross. They had long conversations. 2. Clarence Thomas was head of the Equal Employment Opportunity Commission for eight years. When Bush […]