Drudge is reporting that President Bush has launched a review of the pros and cons of nominating Justice Clarence Thomas for the position of Chief Justice, should Chief Justice Rehnquist retire or be unable to continue his service. While wishing Chief Justice Rehnquist the best, I am strongly supportive of the idea.

First of all, Justice Thomas is admirably qualified for the job. He fully understands the importance of adhering to the Constitution as written. Although he is known to be among the quieter Justices during oral arguments, his powers of analysis and writing are formidable. Being a distinctly reticent participant in public hearings only enhances his effectiveness behind the scenes.

Justice Thomas is known as a man of good humor and cordial personal behavior. He would be able to lead the other members of the Court, even those who disagree with him. His personality is powerful and appealing.

Politically, it makes a great deal of sense. Opponents, having already spent their fury once over allegations of behavior (vehemently denied by Justice Thomas), which pale compared to those admitted to by Bill Clinton, would face quite a quandry in attacking Justice Thomas. His conduct in his years on the Court are above reproach, and fully in the mainstream.

His possible role as the first minority Chief Justice has a great deal of appeal across the board. The numerous mean—spirited attacks on him over the years (one black magazine pictured him as a lawn jockey on its cover a few years ago) only diminish those who voice them. Many African Americans surely would want to see him as Chief Justice, even though they may disagree with him on issues.

Even if he is not confirmed, Justice Thomas wold remain on the Court. While it would certainly be traumatic to be rejected, it would only happen via an unprecedented filibuster, and once again his opponents would damage themselves, not him. Plus, Justice Thomas is a strong and confident man. I strongly suspect that he is more than up to the challenge.

I have been a great admirer of Justice Thomas since he was first nominated for the Supreme Court. I wrote him a congratulatory letter following his confirmation, offering my thoughts and prayers, and to my shock he wrote me a gracious and heartfelt response. The ensuing years have only deepened my admiration for this extraordinary American man.

I wish Chief Justice Rehnquist many more years of productive life. But should a vacancy occur, I strongly support Justice Clarence Thomas.

Thomas Lifson  11 8 04