Changes

Justice Thomas is most often compared to Justice [[Antonin Scalia]], as both support overturning ''[Roe v. Wade]''.  But these Justices have significant differences.  For example, Justice Scalia typically rejects the use of legislative history more often than Justice Thomas does.  Justice Scalia also rejects the important line of cases establishing a constitutional right of parents to direct the upbringing of their children, while Justice Thomas does not.<ref>''See, e.g.'', [[Troxel v. Granville]] (2000).</ref>

Justice Thomas is most often compared to Justice [[Antonin Scalia]], as both support overturning ''[Roe v. Wade]''.  But these Justices have significant differences.  For example, Justice Scalia typically rejects the use of legislative history more often than Justice Thomas does.  Justice Scalia also rejects the important line of cases establishing a constitutional right of parents to direct the upbringing of their children, while Justice Thomas does not.<ref>''See, e.g.'', [[Troxel v. Granville]] (2000).</ref>

Their most significant difference is perhaps on the issue of free speech and pornography.  Justice Thomas provided the crucial fifth vote by concurring in ''United States v. Playboy Entm't Group'', 529 U.S. 803 (2000), which rejected indecency regulation of cable television in part because "[t]he question is whether an actual problem has been proved in this case. We agree that the Government has failed to establish a pervasive, nationwide problem justifying its nationwide daytime speech ban."<ref>529 U.S. at 822-23.</ref>  Justice Scalia dissented, expressly his view that the government has broader powers under the [[First Amendment]] to regulate indecency on cable television.

Their most significant difference is perhaps on the issue of free speech and pornography.  Justice Thomas provided the crucial fifth vote in ''United States v. Playboy Entm't Group'', 529 U.S. 803 (2000), which rejected indecency regulation of cable television in part because "[t]he question is whether an actual problem has been proved in this case. We agree that the Government has failed to establish a pervasive, nationwide problem justifying its nationwide daytime speech ban."<ref>529 U.S. at 822-23.</ref>  Justice Scalia dissented, expressly his view that the government has broader powers under the [[First Amendment]] to regulate indecency on cable television.

 

Justice Thomas again provided the key fifth vote in ''Ashcroft v. ACLU'', 542 U.S. 656 (2004), which invalidated as unconstitutional a federal law criminalizing the posting on a commercial website of pornography harmful to minors unless there were protections against access by minors.  The 5-4 Court placed the burden on parents to keep their children away from pornographic sites, rather than allowing Congress to place the burden on pornographers to limit access to their sites.  Justices Scalia, Rehnquist, O'Connor and Breyer dissented.

Justice Thomas tends to oppose government power more often than Justice Scalia does.  In a 5-4 decision written by Justice Thomas, from which Justice Scalia dissented, Justice Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law.  Justice Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</ref>

Justice Thomas tends to oppose government power more often than Justice Scalia does.  In a 5-4 decision written by Justice Thomas, from which Justice Scalia dissented, Justice Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law.  Justice Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</ref>

== Appointment to the United States Supreme Court ==

== Appointment to the United States Supreme Court ==

In 1991, upon the death of Justice [[Thurgood Marshall]], President [[George H.W. Bush]] nominated Clarence Thomas to fill the newly vacant seat.  Supporters of abortion desperately opposed his nomination.  

In 1991, upon the death of Justice [[Thurgood Marshall]], President [[George H.W. Bush]] nominated Clarence Thomas to fill the newly vacant seat.  Supporters of [[abortion]] desperately opposed his nomination.  

Radical [[leftist]]s attempted to block Thomas' nomination to the High Court through a persistent series of public [[guilt by association]] smears. [[Chip Berlet]] of [[Political Research Associates]] noted that Thomas was on the editorial board of the ''Lincoln Review'', a quarterly black conservative publication of the Lincoln Institute.  Berlet issued a rather dubious ''ad hominem'' attack which claimed "it is a far right group that has worked in coalition with… fascist and anti-Semitic groups," and goes on to “link” Lincoln Institute head J. A. Baker with the Indiana Ku Klux Klan by virtue that Baker is on the board of the Council for National Policy and another board member is supposedly a former Klan member.  <ref>[http://www.theroc.org/roc-mag/textarch/roc-07/roc07-13.htm ''A Few Facts About Clarence Thomas,''] Chip Berlet, Political Research Associates, Cambridge MA, 1997.</ref>

Radical [[leftist]]s attempted to block Thomas' nomination to the High Court through a persistent series of public [[guilt by association]] smears. [[Chip Berlet]] of [[Political Research Associates]] noted that Thomas was on the editorial board of the ''Lincoln Review'', a quarterly black conservative publication of the Lincoln Institute.  Berlet issued a rather dubious ''ad hominem'' attack which claimed "it is a far right group that has worked in coalition with… fascist and anti-Semitic groups," and goes on to “link” Lincoln Institute head J. A. Baker with the Indiana Ku Klux Klan by virtue that Baker is on the board of the Council for National Policy and another board member is supposedly a former Klan member.  <ref>[http://www.theroc.org/roc-mag/textarch/roc-07/roc07-13.htm ''A Few Facts About Clarence Thomas,''] Chip Berlet, Political Research Associates, Cambridge MA, 1997.</ref>