Tag Archives: Supreme Court decision

Sex, love – and Supreme Court Justice Clarence Thomas

By Gordon T. Davis

Clarence Thomas and I were classmates at the College of the Holy Cross. We used to be friends, but now I feel betrayed.

The feeling of betrayal was reinforced last week, on February 9, 2015, when he dissented from the denial of the stay that would have halted the enforcement of the Appeals Court’s ruling that Alabama state laws were in violation of the United States Constitution in the matter of same sex marriage.

At Holy Cross we called Clarence “Cooze,” after Bob Cousy.  Back then, as students at Holy Cross, “Cooze” was a political leftist. During our time there he modeled himself in many ways after the Black Panthers. He wore the army boots, leather jacket and beret. During his first year at Yale Law School Cooze was mistaken for a street youth. When he came back to Worcester to visit we told him to buy a suit!

I knew Clarence Thomas to be a gentleman with women, especially Black women. It came as a surprise, when during his nomination to the Supreme Court, I learned that he had divorced his first wife and remarried. I was also surprised when he rejected his sisters who had been at one time on welfare. I was also hurt when he attacked affirmative action and started to blame Black people for poverty and racism.

Homosexuality during our college years was looked down upon. It might have even been a crime back then. Whether you were homosexual or not,  there was a fear of being called a homosexual. I am happy that the cruelty and bullying that once was aimed at people who loved or were perceived to love other people of the same sex has decreased.

Discrimination against homosexuals is now illegal in most areas of our society. The logic of the equal protection of the Constitution found in the Fourteenth Amendment is a compelling argument for same sex marriage. When Justice Thomas wrote his Dissent I was not too surprised – I thought it was just Clarence being Clarence.

That feeling changed when at the Political Artist fundraiser for the legal defense of Black Lives Matters protesters.  One of the poets talked of his personal life. His father is Native American and his mother is White.  He told us that when he was a boy, he told his father he did not want to marry a White woman. His father told him to shut up – his mother is White. His father then said, “You will marry the person you love.”

That story cuts through the pretext of Justice Thomas’ Dissent. For me, the old feeling of anger toward Justice Thomas had its scab removed. It motivated me to read his Dissent and write this column.

People should be able to marry anyone they love when consent is given.

Justice Thomas’ Dissent stated that Alabama should be allowed to discriminate against homosexuals, based only on the fact that it was past practice. There was no logic, theory, nor socially redeeming value found in his Dissent.

It also contained a conundrum for Justice Thomas: He said he was defending the people of Alabama. Somehow, he forgot plaintiffs are people, too.

More than a victory!

More than a Victory … an end zone dance from filmmaker Michael Moore

Dear Friends,

I’m guessing you’re still pinching yourself to make sure you’re not dreaming. But yes, it happened. At 10:07 yesterday morning, the conservative Chief Justice of the U.S. Supreme Court, John Roberts, not only joined with the liberal justices to completely uphold almost every single part of the Obama health care law, he wrote the majority opinion himself!

In fact, he went even further. When he realized that the government had poorly made its constitutional case to the court, he went searching for a clause in their argument and the constitution that would give him the justification he needed to back the administration and to ensure that his decision would hold up legally. In other words, even though he is on the opposite side of the political fence, he wrote the Dems’ paper for them. Stunning.

The other four justices? They didn’t just vote to overturn the individual mandate part of the law, they all voted to kill the entire Act.

The media is already spending much time talking about the mandate being the “centerpiece of the law,” but the real news is that if you ever have a pre-existing condition, you cannot now be denied insurance. If you are a young adult without health insurance, you can now stay on your parents’ plan until age 26. The insurance company can no longer say there is a lifetime cap to your coverage. The insurance companies are now required to spend 85 cents out of every dollar they take in on actual reimbursement for your health care – not on profit or “administrative costs” (some companies have been taking over a 30% cut; Medicare’s total percentage of their budget for administrative costs: 2%).

I know that our side is not used to victories and so we’re not quite sure how to respond when we get one out of the blue. For some of us, the first inclination is to point out just how weak the Obama law actually is, that it doesn’t provide true universal health care (26 million will STILL be uninsured), and that it leaves control of the system in the hands of the vultures, otherwise known as the health insurance companies. The individual mandate was a huge gift to the private insurance companies, guaranteeing them billions more from millions of new customers. And many of the key provisions of this law don’t even take effect until 2014 – and if the Republicans win in November, you can kiss all of that goodbye.

So, yes, the bill is highly flawed and somewhat wrong-headed – but what it IS is a huge step in the right direction. And yesterday’s court decision cements that. The right wing knows this and they are probably unraveling in some not-so-pretty ways right now. And that’s why today is a great day. The Right has been smacked down by one of their own! They know what we all know — that the path of history has been, and will continue to move toward the basic human right that all people are entitled to see a doctor and NOT have to worry about losing their home because they can’t afford to pay the medical bills. Those days are over, or will be soon, and that is where civilization is headed. It’s not headed back to the days of Oliver Twist. Today’s victory is momentum, it’s forward motion, and we WILL have true universal health care in this country in the not too distant future.

So take some time to celebrate; this is a victory for the people. Actually, more than a victory, it is a mandate that all of us must now make sure that a second-term Obama continues to move the ball down the field, toward a system like they have in every other First World country on the planet. He simply has to improve Medicare and then expand it to every citizen in the country. The countries that do this, their people live an average of two to four years longer than we do. Is there a reason anyone doesn’t want an extra four years of their lives? Or that our babies would have a better chance of surviving their first year like they do in the 48 countries that have a better infant mortality rate than we do? Exactly who is opposed to this? You’d have to be a bit…crazy.

And that, I’ve come to believe, is the true divide in this country. It’s not blue state vs red state, liberal vs conservative, Democrat vs Republican. The split we have in America can be boiled down in its simplest form to this: On one side are the people who believe Adam and Eve rode on dinosaurs 6,000 years ago – and then there’s everyone else. On that first side are the people who’ve been fed a diet of fear and lies and hate. And who is feeding them? The 1%. The richest people in the country, the ones who aren’t done with us yet because they still don’t have enough wealth, have done their best to dumb down the population through destroying our educational system and using media to provide them with a vastly distorted sense of reality. The rich’s only obstacle is that they only hold 1% of the votes in the country. So they have to try to get a slim majority of Americans to vote their way. And fear, plus keeping them stupid, usually works.

So that’s the battle ahead of us: Organizing and mobilizing the majority of Americans to push for true universal health care, Medicare for All. At one time, back in Illinois, that was the position held by Barack Obama. He will not make this happen on his own. He will only be able to do it when the mass of American people rise up and demand it. Demand it. Why not start tonight?

Five years ago this week, my health care documentary, Sicko, opened in theaters across the country. I have spent the better part of the decade on this issue, and for me, personally, fully aware of the current law’s limitations, I am very happy with today’s news – not because of its specifics or nuances, but because it is a road sign, and that sign points in the correct, humane and sane direction. THAT makes this a great day.


Michael Moore

P.S. To learn more and get involved in the campaign for real universal health care – to complete the job that’s been started – get in touch with National Nurses United and Physicians for a National Health Program.