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- <text id=92TT0502>
- <title>
- Mar. 09, 1992: American Notes:Supreme Court
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1992
- Mar. 09, 1992 Fighting the Backlash Against Feminism
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 31
- American Notes
- SUPREME COURT
- The Justices Scold Thomas
- </hdr><body>
- <p> At Clarence Thomas' confirmation hearings last fall, his
- supporters argued that the judge's deprived childhood in Pin
- Point, Ga., would make him sensitive to the oppressed. But after
- writing a harsh dissent last week, the Supreme Court's youngest
- Justice and only black member found himself rebuked by seven of
- his judicial colleagues for ignoring "concepts of dignity,
- civilized standards, humanity and decency."
- </p>
- <p> The court's swipe came in an opinion involving Keith
- Hudson, a black Louisiana prisoner who was kicked and punched
- by two guards while he was handcuffed and shackled. A supervisor
- stood by, instructing the guards "not to have too much fun." The
- high court held that the use of such excessive force may
- constitute "cruel and unusual punishment" under the Eighth
- Amendment even if the inmate does not suffer serious injury. But
- in a dissent joined only by Justice Antonin Scalia, Thomas wrote
- that the court's decision was "yet another manifestation of the
- pervasive view that the Federal Constitution must address all
- ills in our society."
- </p>
- <p> If Bush appointed Thomas to reinforce the court's
- right-leaning majority, the move was a striking success. Thomas
- has voted with Scalia, the most conservative member of the high
- bench, in each of the 13 cases he has participated in this term.
- Pin Point, it seems, is a distant memory.
- </p>
-
- </body></article>
- </text>
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