Clarence Thomas has said more about affirmative action than any other member of the U.S. Supreme Court. That shouldn’t be surprising. After all, Thomas chaired the U.S. Equal Employment Opportunity Commission for almost a decade prior to becoming a judge. Thomas is, of course, the only African-American member of the Court, although he himself takes a color-blind approach to civil rights law. This makes his views about affirmative action in general, and the pending University of Michigan admissions cases in particular, of extraordinary interest to many Court watchers.
Thomas’ law review articles, speeches, and Supreme Court opinions shed considerable light on how he is likely to vote in the Michigan cases: against the admissions programs. It’s not difficult to understand why — the group-based classifications at the heart of the programs run counter to the individual rights principles of the Declaration of Independence.
