He was a self-identified left-wing college radical who wore Army fatigues. He embraced Marxist leaders and took part in a violent protest. And when he graduated from law school in the 1970s, he thought working for a Republican would be ārepulsive.āĀ
But somehow, Clarence Thomas grew up to become one of the most conservative justices in the modern history of the U.S. Supreme Court.
A new documentaryāCreated Equal: Clarence Thomas in His Own Words (PG-13)ātells the amazing story of Thomasā life through the voice of Thomas himself. Based on 30-plus hours of interviews with Thomas, it follows this transformative figure, from his childhood, to his college and young adult years, to his unforgettable confirmation battle of 1991.
The film is the inside story of the most āsilentā justice in Supreme Court historyāhe famously never asks questionsāand it is as gripping as it is entertaining.Ā
At times, itās even surprising.
Thomas grew up in the segregated southern city of Savannah, Ga., initially living with his mother in a run-down house where sewage flooded into yards. (It filled the ditches, and they used a plank to walk over the smelly mess.) He then moved in with his middle-class grandmother and grandfather, who sent him to Catholic school. This is where faith was ingrained into Thomas. His grandfather had a āphilosophy of lifeā that came from the Bible, believing the world was fallen because of what happened in the Garden of Eden.
A few months shy of his 16th birthday, Thomas decided he wanted to be a priest. He entered seminaryāāI loved the contemplative lifeāābut was troubled by the racism of a handful of classmates. (One passed him a note in class reading, āI like Martin Luther King ā¦ dead.ā When news broke of Kingās assassination, a classmate exclaimed, āGood.ā) The Catholic Church, he says, did not take a firm stance on civil rights. So, he dropped out.
His next stop was Holy Cross, which he entered in 1968 during a tumultuous era in U.S. history. Thomas quickly embraced this radicalism by wearing Army fatigues and aligning himself with radical groups and leaders. Yet after he took part in a violent protest on another college campus, he felt guilty. He stopped in front of a chapel and prayed to God, āIf you take anger out of my heart, Iāll never hate again.ā
Thomas graduated from Yale Law School as a registered Democrat, but his only job offer was working with Republican Missouri Attorney General John Danforth. He considered the idea ārepulsive,ā but nevertheless took the job. Thatās where Thomasā outlook on life began to transform. In 1979 he took a position as a legislative aide to Danforth, who had been elected to the U.S. Senate. In 1980, Thomas voted for Ronald Reagan, a Republican. He then accepted a position within the Reagan administration. (He was attracted to Reaganās push to stop the āsocial engineeringā of the 1960s and 70s.)
Thomasā judicial philosophy was influenced by his study of slavery and segregation in the U.S. ā and why a nation founded on equality could have permitted both. He was searching, he says, for a set of legal ideals that said slavery and segregation were wrong. He discovered natural law, which he says was embedded in the Declaration of Independenceās statement that āall Men are created equalā and āendowed by their Creator with certain unalienable Rights.ā
āThe framers understood natural law and natural rights a certain way, and it is an underpinning of our Declaration, which then becomes a foundation for the Constitution,ā Thomas says. āThey start with the rights of the individual, and where [do] those rights come from? They come from God. Theyāre transcendent.ā
His personal views about a law, he says, donāt matter.Ā
āWhen interpreting constitutional text, the goal is to discern the most likely public understanding of a particular provision when it was adopted. ā¦ A bad policy can be constitutional. A good policy can be unconstitutional. So that’s why we start with a text.ā
Thomasā faith is a major theme in the documentary. During his contentious 1991 confirmation hearingāhe was facing allegations of sexual harassment he deniedāhe and his wife held a Bible study with friends. The subject: Paulās admonition to wear the āarmor of God.ā (His wife says of the allegations, āIt felt like the demons were loose.ā) Minutes before Thomas went before the Senate committee to respond to the allegations, Danforth told him, āGo in the name of the Holy Ghost.ā Thomas labeled the committeeās handling of the allegations a āhigh-tech lynching.ā āGod,ā he told the senators, āis my judge.āĀ
Thomas also answers those who mock and ridicule him for not aligning himself with positions historically held by black groups. He calls such mocking āstereotypes draped in sanctimony and self-congratulation.ā
āIf you criticize a black person who is more liberal, then youāre racist,ā he says, āwhereas you can do whatever to me, or to now Ben Carson, and that’s fine, because, āYou’re not really black because you’re not doing what we expect black people to do.āā
The Supreme Court often is often viewed as mysterious, partially because cameras arenāt allowed in the courtroom. And Thomasābecause he rarely speaks during the sessionsāperhaps is the most misunderstood member of the court.Ā
Created Equal gives us a fascinating peek into Thomasā life. Just like other recent films about the justicesāRBG and On the Basis of Sex come to mindāitās worth watching.Ā Ā
Content warnings: The film includes brief footage of Anita Hillās sexually explicit testimonyāfootage that earned it a PG-13 rating. Coarse language includes d–n (4), misuse of āG-d (3) and SOB (1). Most of the language involves Thomas quoting someone else.Ā
Rated PG-13 for thematic elements including some sexual references.Ā
Visit JusticeThomasMovie.com for a listing of theaters.Ā
Entertainment rating: 4 out of 5 stars. Family-friendly rating: 3 out of 5 stars.