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coreyrobin

Clarence Thomas’s Counterrevolution

by Corey Robin on May 8, 2014

What follows is a talk I gave at the University of Washington this past weekend on my working paper “Smiling Faces Tell Lies: Pessimism, Originalism, and Capitalism in the Jurisprudence of Clarence Thomas.” The paper is still incomplete. I only managed to write about Thomas’s theories of racism and how they intersect with his philosophy of constitutional interpretation. In the coming months, I intend to expand the paper to talk about Thomas’s views on capitalism, and how they inform his jurisprudence about the Commerce Clause, the Takings Clause, and more. Ultimately, this paper will be published by the University of Chicago Press in a volume on African-American political thought, edited by Melvin Rogers and Jack Turner. Other contributors will include: Cedric Johnson on Huey Newton, Nikhil Singh on Malcolm X, Lawrie Balfour on Toni Morrison, Michael Dawson on Marcus Garvey, Naomi Murakawa on Ida B. Wells, Jason Frank on Langston Hughes, Tommie Shelby on Richard Wright, Danielle Allen on Ralph Ellison, and many many more. It’s going to be fantastic. But until then, here’s my talk on Clarence Thomas. If you’d like a copy of the paper, email me at corey.robin@gmail.com.

• • • • • 

Yesterday, Nikhil Singh said that more than any other figure in the African American canon, Malcolm X is someone who everyone thinks they know. Clarence Thomas, I’ve discovered in the past six months, is also a figure who everyone thinks they know. In the interest of dispelling that expectation, which many of you may share, I’d like to present five facts about Clarence Thomas that perhaps you didn’t know.

  1. The first time Clarence Thomas went to Washington, DC, it was to protest the Vietnam War. The last time that Clarence Thomas attended a protest, as far as I can tell, it was to free Bobby Seale and Erikah Huggins.
  2. Clarence Thomas does not believe in color-blindness: “I don’t think this society has ever been color-blind,” he said in 1985, in the third year of his tenure as head of the EEOC. “I grew up in Savannah, Georgia under segregation. It wasn’t color-blind and America is not color-blind today…Code words like ‘color-blind’ aren’t all that useful.” Or, as he told Juan Williams in 1987, “there is nothing you can do to get past black skin. I don’t care how educated you are, how good you are—you’ll never have the same contacts or opportunities, you’ll never be seen as equal to whites.”
  3. When Clarence Thomas was in college he memorized the speeches of Malcolm X; two decades later, he could still recite them by heart. “I’ve been very partial to Malcolm X,” he told a libertarian magazine in 1987. “There is a lot of good in what he says.”
  4. There’s a law review article about Clarence Thomas that’s called “Clarence X?: The Black Nationalist Behind Justice Thomas’s Constitutionalism.”
  5. Clarence Thomas resents the fact that as a black man he’s not allowed to listen to Carole King.

Now, the truth is that there’s nothing all that surprising about the fact that Clarence Thomas is black and conservative. There’s a long tradition of black conservatism in this country. And from Edmund Burke to Ayn Rand, conservatism always and everywhere has been the work of outsiders, men and women who hail from the peripheries or margins of the national experience.

Nor, in the end, is Clarence Thomas’s early engagement with black radicalism all that surprising. After all, one of the great clichés of the twentieth century is the young left-wing radical graduating to middle-aged conservatism. And as Cedric Johnson, Michael Dawson, and other scholars have reminded us, there’s a deep affinity between conservatism and parts of the Black Power/Black Nationalist tradition.

But here, I think, is what is surprising about Clarence Thomas: First, he’s a Supreme Court justice who has managed in his jurisprudence to incorporate rather than repudiate some of his early commitments to Black Nationalism and Black Power; I think it’s fair to say no other Supreme Court justice has done that. And, second, Thomas is a constitutional originalist, and a rather radical one at that. Unlike any other justice—not Scalia, not Roberts, not Alito—Thomas wants to restore the Constitution to the meaning it had in 1789.

How Thomas has been able to marry an incredibly bleak vision of the black past, a vision rooted in black nationalism, to a document that is not only the fountainhead of that past but is also, on his account, the source of an alternative black future—not, as Thurgood Marshall and other liberal constitutionalists would have it, because it is a “living Constitution,” but precisely because it is dead: that is the basic puzzle of Clarence Thomas and what makes him, I think, more interesting than many of us realized. [click to continue…]

The Calculus of Their Consent

by Corey Robin on May 5, 2014

In addition to Kieran’s terrific write-up yesterday on Foucault’s engagement with Gary Becker, I want to recommend Kathy Geier’s very smart treatment of, among other things, feminist critiques of Becker’s theory of the family.

There are many ideas in Becker’s Treatise on the Family (originally published in 1981; republished in a revised version in 1991) that are problematic and/or offensive to feminists. For one thing, there is the assumption that economic actors behave selfishly in markets but altruistically within families — a theory that’s objectionable in both parts. There’s also the matter of how, in the words of Deirdre McCloskey, “the family in Becker’s world has one purpose, one utility function — guess whose? — unproblematically unified in the way that the neoclassical firm is supposed to be.” [click to continue…]

Queering the Strike

by Corey Robin on May 1, 2014

In The Empire of Necessity, Greg Grandin gives us a fascinating history of the phrase “to strike.” Seems like a good story for May Day.

The phrase to strike to refer to a labor stoppage comes from maritime history and is an example of how revolutionary times can redefine a word to mean its exact opposite. Through the seventeenth and much of the eighteenth century, to strike was used as a metaphor for submission, referring to the practice of captured ships dropping, or striking, their sails to their conquerors and of subordinate ships doing the same to salute their superiors. “Now Margaret / must strike her sail,” wrote William Shakespeare in Henry VI, describing an invitation extended by the “Mighty King” of France to Margaret, the weaker Queen of England, to join him at the dinner table “and learn a while to serve / where kings command.” Or as this 1712 account of a British privateer taking a Spanish man-o’war off the coast of Peru put it: “fir’d two shot over her, and then she struck,” and bowed “down to us.” But in 1768, London sailors turned the term inside out. Joining city artisans and tradesmen—weavers, hatters, sawyers, glass-grinders, and coal heavers—in the fight for better wages, they struck their sails and paralyzed the city’s commerce. They “unmanned or otherwise prevented from sailing every ship in the Thames.” From this point forward, strike meant the refusal of submission.

Not unlike how gays and lesbians owned the word “queer.”

The New York Times reports on a complicated Supreme Court case involving the First Amendment rights of a public employee in Alabama (h/t Mark Ames). The case boils down to this: Edward Lane, a state employee, was subpoenaed to testify at a federal trial about the corruption of another state employee. As a result of his testimony, Lane was fired by his boss. Lane claims that his First Amendment rights were violated; the lower courts have ruled against him. Now the Supreme Court is considering the case.

But this in the Times report is what caught my eye: [click to continue…]

Countering Thomas Piketty’s critique of inherited wealth, Tyler Cowen suggests that such dynastic accumulations of private wealth may be a precondition of great art:

Piketty fears the stasis and sluggishness of the rentier, but what might appear to be static blocks of wealth have done a great deal to boost dynamic productivity. Piketty’s own book was published by the Belknap Press imprint of Harvard University Press, which received its initial funding in the form of a 1949 bequest from Waldron Phoenix Belknap, Jr., an architect and art historian who inherited a good deal of money from his father, a vice president of Bankers Trust. (The imprint’s funds were later supplemented by a grant from Belknap’s mother.) And consider Piketty’s native France, where the scores of artists who relied on bequests or family support to further their careers included painters such as Corot, Delacroix, Courbet, Manet, Degas, Cézanne, Monet, and Toulouse-Lautrec and writers such as Baudelaire, Flaubert, Verlaine, and Proust, among others. [click to continue…]

How We Do Intellectual History at the New York Times

by Corey Robin on April 26, 2014

You see, says Sam Tanenhaus, it’s not just that Thomas Piketty may be right, or that he’s been doing this research for years, or even that he’s tapping into widespread concerns about inequality. No, it’s that every decade, America needs an icon of ideas, who embodies in her person (rather than merely her arguments), the dream life of the nation. In the 1960s, it was Susan Sontag. In the 1970s, it was Christopher Lasch. In the 1980s, it was Allan Bloom. In the 1990s, it was Francis Fukuyama (who wrote his essay in 1989, but decades will be decades). In the 2000s, it was Samantha Power. Yes, Robert Putnam was a “gifted thinker,” but remember the Rule of Decades: you can only have one every ten years. And, sure, Tanenhaus says you can have two or three, but you definitely can’t have two whose last names start with P. And Power has a “flowing red mane”—like Sontag had a flowing black mane, and then a flowing black mane with a silver streak—so she was the better choice. And now there’s Piketty. And he’s French, you see, which means he’s kind of like Sontag. And he’s good-looking like Sontag and Power. And he has hair too. And on Twitter they’re debating whether he’s hot or not. Which they would have done with Sontag back in the Sixties, but there was no Twitter then. And, oh shucks, let the man speak for himself:

All of which is to say that however original Mr. Piketty’s economic argument may be, he is the newest version of a familiar, if not exactly common specimen: the overnight intellectual sensation whose stardom reflects the fashions and feelings of the moment.

And that, my friends, is how we do intellectual history—no, sorry, “cultural studies” (they really use that phrase, right above the headline, which is “Hey, Big Thinker”; where is Dwight Macdonald when you need him?)—at the New York Times.

On the death of Gabriel García Márquez

by Corey Robin on April 23, 2014

Greg Grandin writes in The Nation:

Born in 1927, Gabriel García Márquez was 87 when he died last week. According to his younger brother, Jaime, he had been suffering from complications caused by chemotherapy, which saved his life but accelerated his dementia, a disease that apparently ran in his family. He’d call his brother and ask to be reminded about simple things. “He has problems with his memory,” Jaime reported a few years back.

Remembering and forgetting are García Márquez’s great themes, so it would be easy to read meaning into his senility. The writer was fading into his own solitude, suffering the same fate he assigned to the inhabitants of his fictional town of Macondo, in his most famous novel, One Hundred Years of Solitude. Struck by an insomnia plague, “sinking irrevocably into the quicksand of forgetfulness,” they had to make signs telling themselves what to remember. “This is a cow. She must be milked.” “God exists.” [click to continue…]

At National Review Online, Jonathan Adler writes:

Over at the progressive blog, Crooked Timber, Corey Robin lists “Eleven Things You Did Not Know About Clarence Thomas.”  The items Robin lists shouldn’t surprise avid court watchers, or others who have paid much attention to the conservative justice.  Judging from the comments, however, several of the items were quite a revelation to CT’s readership.  I can only imagine the surprise if Robin had blogged on Justice Thomas’s jurisprudence, further challenging the caricature of Clarence Thomas that continues to dominate so much liberal commentary about him.

Actually, a fair number of commenters claimed not to be surprised by these revelations at all.

In any event, you’d think Adler would have been pleased that a group of progressives were having some of their misconceptions about Thomas challenged, if not dispelled. Instead, he complains about the fact that the misconceptions of a group of progressives are getting challenged, if not dispelled. Apparently the only thing worse than the left not knowing something about the right is…the left learning something about the right.

Wingers whine when we don’t pay attention to them; they whine when we do pay attention to them. Why do they whine so much? What does the winger want? [click to continue…]

Eleven Things You Did Not Know About Clarence Thomas

by Corey Robin on April 18, 2014

1. The first time Clarence Thomas went to DC, it was to protest the Vietnam War.

2. Clarence Thomas grew up a stone’s throw from the Moon River that Audrey Hepburn sang about in Breakfast at Tiffany’s.

3. In the 1970s, Clarence Thomas kept a Confederate flag on his desk. [Correction: It was the Georgia State flag, which features quite prominently the Confederate stars and bars. It was a large flag, apparently, and he hung it over his desk.]

4. There’s a law review article about Clarence Thomas called “Clarence X?: The Black Nationalist Behind Justice Thomas’s Constitutionalism.”

5. Clarence Thomas attended antiwar rallies in Boston where he called for the release of Angela Davis and Erica Huggins.

6. Clarence Thomas told Juan Williams that “there is nothing you can do to get past black skin. I don’t care how educated you are, how good you are—you’ll never have the same contacts or opportunities, you’ll never be seen as equal to whites.”

7. Clarence Thomas is the only Supreme Court justice to have cited Frederick Douglass and W.E.B. DuBois in his opinions.

8. In college, Clarence Thomas hung posters of Malcolm X on his wall, memorized his speeches, and studied his writings. “I’ve been very partial to Malcolm X,” he told Reason in 1987. “There is a lot of good in what he says.”

9. Clarence Thomas does not believe in color-blindness: “I don’t think this society has ever been color-blind. I grew up in Savannah, Georgia under segregation. It wasn’t color-blind and America is not color-blind today…Code words like ‘color-blind’ aren’t all that useful.”

10. Yale Law scholar Akhil Reed Amar has compared Clarence Thomas to Hugo Black:

Both were Southerners who came to the Court young and with very little judicial experience. Early in their careers, they were often in dissent, sometimes by themselves, but they were content to go their own way. But once Earl Warren became Chief Justice the Court started to come to Black. It’s the same with Thomas and the Roberts Court. Thomas’s views are now being followed by a majority of the Court in case after case.

11. Clarence Thomas resents the fact that as a black man he is not supposed to listen to Carole King.

The first night of Passover is on Monday, and I’ve been thinking about and preparing for the Seder. I had a mini-victory this morning, when I was shopping for fish in Crown Heights. The guy at the fish store told me that thanks to the Polar Vortex, 90% of Lake Huron is frozen. Which means no whitefish. Which means no gefilte fish. So I put on my best impression of Charlotte in Sex and the City —”I said lean!”—and managed, through a combination of moxie and charm, to get him to give me the last three pounds of whitefish and pike in Crown Heights. Plus a pound of carp. Which means…gefilte fish!

Food is the easy part of the seder. The hard part is making it all mean something. [click to continue…]

In a sharp take on the left, Freddie deBoer asks, “Is the social justice left really abandoning free speech?” Drawing on this report about an incident at the University of California at Santa Barbara, Freddie answers his own question thus:

It’s a question I’ve played around with before. Generally, the response [from the left] is something like “of course not, stop slandering us,” or whatever. But more and more often, I find that the answer from lefties I know in academia or online writing are answering “yes.” And that is, frankly, terrifying and a total betrayal of the fundamental principles we associate with human progress.

Freddie goes on to offer a rousing defense of free speech. I don’t want to enter that debate. I have a different question: Is Freddie’s sense of a change on the left—”more and more often”—accurate?

To be clear, I know exactly the phenomenon Freddie is talking about, so he’s not wrong to point it out. But from my admittedly impressionistic vantage as a middle-aged American academic, it seems far less common than it used to be. [click to continue…]

This peculiar preoration by Geoffrey Gray in The New Republic (h/t Aaron Bady) about Malaysia Airlines Flight 370—

I’ve found myself asking a different question: Do we really want to find this missing plane at all? The families of the victims deserve answers, of course, but as the days go on and more nautical miles are searched for missing debris, there’s an undeniable urge for investigators to keep on looking, not find anything, and let the mystery endure.

The New York Times’s Farhad Manjoo argues that the “terror” isn’t only that we can’t find the plane, but being off the grid itself, untethered to our friends and family. I disagree. Our “hyperconnectivity,” as he calls it, is the very reason we need this mystery right now. In a moment dominated by the radical adoption of new technology, with reports of the NSA’s massive snooping, talk of Amazon drones making deliveries like toilet paper door to your doorstep, or checking the status of a flight through a pair of Google glasses, we need to feel that there is at least something out there that the grand orchestra of satellites and supercomputers can’t find or figure out.

It’s more than a tad ironic, but apropos, that it took a missing airplane—one of man’s greatest technological innovations—to remind us that there’s still some mystery left to humanity.

—reminds me of something Hannah Arendt said about T.E. Lawrence in The Origins of Totalitarianism: [click to continue…]

I have a piece up at Al Jazeera America, “The responsibility of adjunct intellectuals,” which follows up on my post about the whole Nick Kristof/public intellectuals kerfuffle. Just an extension of some of the arguments I made there. Here are the highlights:

In the 1990s the philosopher and Arts & Letters Daily editor Dennis Dutton ran an annual Bad Writing contest in order to highlight turgid academic prose. If the contest were still around, this passage from The American Political Science Review might be a winner:

For a body of n members, in which there exists a group large enough and willing to pass a motion, let the members vote randomly and declare the motion passed when the mth member has voted for it, where m “yes” votes are required for passage. Define as the pivot the member in the mth position and note that there are n! (read “n factorial,” that is 1 · 2 · … · n) such random orderings of n voters (that is, the permutations of a, b, · · · , n). Then define the power, p, of a member, i, thus: pi = ti/n!, where ti is the number of times i is pivot.

As New York Times columnist Nicholas Kristof recently pointed out, this is the kind of writing that has estranged the reading public from academia. A generation ago, political scientists were public intellectuals. We wrote lucid prose. We spoke to the issues of the day. We advised President John F. Kennedy. But now all we care about is math, jargon and one another.

There’s just one problem with what I’ve just said. That passage from The American Political Science Review appeared in 1962, the second year of the Kennedy administration. [click to continue…]

David Brooks: Better in the original German

by Corey Robin on March 11, 2014

Isaac Chotiner thinks David Brooks is not making sense. That’s because Chotiner’s reading Brooks in translation. He needs to read Brooks in the original German.

Here’s Brooks in translation: [click to continue…]

James Madison and Elia Kazan: Theory and Practice

by Corey Robin on February 19, 2014

James Madison, Federalist 51:

The constant aim is…that the private interest of every individual may be a sentinel over the public rights.

Elia Kazan, on why he named names:

 

Reason 1: “I’ve got to think of my kids.”

Reason 2: “All right, I earned over $400,000 last year from theater. But Skouras [head of Twentieth-Century Fox] says I’ll never make another movie. You’ve spent your money, haven’t you? It’s easy for you. But I’ve got a stake.”