January 5, 2005
YOU & YOO:
Clarence Thomas Is in the Right Seat: As chief justice, he'd lose clout. (John C. Yoo, January 5, 2005, LA Times)
[T]he idea that Bush might appoint Thomas clearly worries Democrats. Last month, Senate Minority Leader Harry Reid (D-Nev.) declared support for Scalia, whom he called "one smart guy." Reid then announced his opposition to Thomas with a personal attack: The justice, he said, was "an embarrassment" whose "opinions are poorly written." Reid did not offer a single example of this. For all we know, Reid may never have read a Thomas opinion.As a former Thomas clerk, I can personally attest that his opinions are the product of a thorough drafting, rewriting and editing process that makes them the equal of any. Read a Thomas opinion on a subject like affirmative action, religion, crime or free speech — they have an authentic voice unmistakable in its clarity, logic and moving language.
What really bothers Democrats like Reid is that Bush might nominate the nation's first African American chief justice. A Thomas nomination would force them to publicly oppose a smart, tough, deeply religious minority conservative whose views are not so out of the mainstream as they would like you to believe. That's not something they're eager to do.
In the end, however, the Democrats who oppose him — if they're successful — may turn out to be doing Thomas (and the country) an unintentional favor. I believe he can do more good for the country as an outspoken associate justice than he could as chief justice.
Mr. Yoo would be a good pick for Chief himself, just 37 years old and causing Democrats similar problems with the Korean community. Or you could promote Justice Thomas and nominate Mr. Yoo as an Associate Justice, like the old Rehnquist/Scalia package that Reagan worked so well.
MORE:
-John Yoo Home
-John Yoo (AEI, Visiting Scholar)
-Mr. Yoo Goes to Washington: Korean American in Bush administration talks about his place in the legal system and the way government has changed (Terry Hong, October 2002, AsianWeek)