Clarence Thomas Supreme Court nomination
Encyclopedia
On July 1, 1991, President George H. W. Bush
nominated Clarence Thomas
for the Supreme Court of the United States
to replace Thurgood Marshall
, who had announced his retirement. The nomination proceedings were contentious from the start, especially over the issue of abortion
, and many women's groups and civil rights
groups opposed Thomas on the basis of his conservative political views, as they had also opposed Bush's Supreme Court nominee from the previous year, David Souter
.
Toward the end of the confirmation hearings, allegations by Anita Hill
, a law professor who had previously worked under Thomas at the United States Department of Education
and then at the Equal Employment Opportunity Commission
(EEOC), were leaked to the media from a confidential FBI report. The allegations led to a media frenzy and further investigations. Televised hearings were re-opened and held by the Senate Judiciary Committee before the nomination was moved to the full Senate for a vote. Thomas was confirmed by a narrow majority.
stepped down from the Supreme Court in 1990. Thomas was one of five candidates on Bush's shortlist and was the one that Bush was most interested in nominating. Bush's staff made four arguments against nominating Thomas at the time: Thomas had only served eight months as a judge at the time; his appointment would result in two African-Americans on the Court at one time; Bush could expect to replace Thurgood Marshall with Thomas in due time; and multiple senior advisors told Bush that they did not feel that Thomas was ready. Bush eventually decided to nominate Judge David Souter
of the First Circuit
instead, who was easily confirmed.
Souter would disappoint conservatives who expected him to be more favorable to them in his voting. White House Chief of Staff
John H. Sununu
promised that Bush would fill the next Supreme Court vacancy with a "true conservative" and predicted a "knock-down, drag-out, bloody-knuckles, grass-roots fight" over confirmation. On July 1, 1991, President Bush nominated Clarence Thomas to replace Marshall, who had recently announced his retirement. By then, Thomas had been a federal judge for 16 months. He had not previously argued before the Court, though that has not been a traditional requirement.
Marshall had been the first African American
Justice on the Court, but while the appointment of Thomas would preserve the existing racial composition of the Court, it was seen as likely to move the ideological balance to the right. Attorney General Richard Thornburgh had previously warned Bush that replacing Thurgood Marshall, who was widely revered as a civil rights icon, with any candidate who was not perceived to share Marshall's views would make the confirmation process difficult. Civil rights and feminist organizations opposed Thomas' appointment, partially citing Thomas's criticism of affirmative action
and also because they were suspicious that Thomas might not be a supporter of Roe v. Wade
.
In the second half of the 20th century, Supreme Court nominees were customarily evaluated by a committee of the American Bar Association
(ABA) before being considered by the Senate Judiciary Committee. Anticipating that the ABA would rate Thomas poorly, the White House and Republican Senators pressured the ABA for at least the mid-level "qualified" rating, and simultaneously attempted to discredit the ABA as partisan.Senior Republicans believed that Thomas was indeed well-qualified, but that the ABA would not support him because in their mind, the ABA had been politicized. The White House attempted to preemptively discredit the ABA as partisan, and Republican Senators threatened to bar the ABA from future participation if it gave Thomas anything less than a "qualified" rating. Ultimately, on a scale of well-qualified, qualified, or unqualified, 12 members voted that he was "qualified", one abstained, and the other two voted "not qualified", for an overall vote of qualified. This vote represented one of the lowest levels of support for Supreme Court nominees. Although the ABA vote was viewed as a "significant embarrassment to the Bush administration", it ultimately had little impact on Thomas' nomination.
Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur. One such statement came from activist Florynce Kennedy
at a July 1991 conference of the National Organization for Women in New York City. Referring to the failure of Ronald Reagan's nomination of Robert Bork
, she said of Thomas, "We're going to 'bork' him." The liberal campaign to defeat the Bork nomination served as a model for liberal interest groups opposing Thomas. Likewise, in view of what had happened to Bork, Thomas's confirmation hearings were also approached as a political campaign by the White House and Senate Republicans.
At one point in the beginning of the proceedings, Senate Judiciary Committee chairman Joe Biden
asked Thomas if he believed the Constitution granted any sort of property rights to individuals as described in Richard Epstein and Stephen Macedo
's book Takings: Private Property and the Power of Eminent Domain
, which had been published by Harvard University Press
in 1985. Biden held the book up for Thomas to see and denounced its contents. In their book, Epstein and Macedo argue that the government should be regarded with the same respect as any other private entity in a property dispute. The Cato Institute
later paraphrased Biden's general line of questioning in the hearing as, "Are you now or have you ever been a libertarian
?"
's Supreme Court correspondent Nina Totenberg
received a leaked Judiciary Committee/FBI report that a former colleague of Thomas, University of Oklahoma
law school professor Anita Hill
, accused him of making unwelcome sexual comments to her when the two worked together at the Department of Education (DOE) and EEOC. In the same FBI report, Thomas testified that he had once promoted Allyson Duncan over Hill as his chief of staff at the EEOC.
.
Ten years earlier, in 1981, Hill had become an attorney-adviser to Clarence Thomas at the United States Department of Education
(DOE). When Thomas became Chairman of the U.S. Equal Employment Opportunity Commission
(EEOC) in 1982, Hill went with Thomas to serve as his special assistant until she quit in mid-1983. Hill alleged in her 1991 testimony that it was during her employment at DOE and EEOC that Thomas made sexually provocative statements.
She testified that she followed Thomas to EEOC because "[t]he work, itself, was interesting, and at that time, it appeared that the sexual overtures... had ended." She also testified that she wanted to work in the civil rights field, and that she believed that "at that time the Department of Education, itself, was a dubious venture."
Hill alleged lurid details about her time with Thomas at the Department of Education: "He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals and films showing group sex or rape scenes... On several occasions, Thomas told me graphically of his own sexual prowess." Hill also said that the following incident occurred later after they had both moved to new jobs at the EEOC: "Thomas was drinking a Coke
in his office, he got up from the table at which we were working, went over to his desk to get the Coke, looked at the can and asked, 'Who has put pubic hair on my Coke?'."
Wright, who was one of Thomas's subordinates at the EEOC until he fired her, told Senate Judiciary Committee staff that Thomas had repeatedly made comments to her much like those he allegedly made to Hill, including pressuring her for dates, asking her the size of her breasts, and frequently commenting on the anatomy of other women. Wright said that after she turned down Thomas for a date, Thomas began to express discontent with her work and eventually fired her. Thomas said that he fired Wright for poor performance and for using a homophobic epithet.
Rose Jourdain also did not testify but corroborated Wright's statements, saying Wright had spoken to her about Thomas's statements at the time they were allegedly made. Jourdain stated that Wright had become "increasingly uneasy" around Thomas because of his constant commentary about her body and looks, and that Wright once came to Jourdain's office in tears as a result.
Another former Thomas assistant, Sukari Hardnett, did not accuse Thomas of sexual harassment, but told the Judiciary Committee staff that "if you were young, black, female, reasonably attractive and worked directly for Clarence Thomas, you knew full well you were being inspected and auditioned as a female."
Clarence Thomas also stated that, "This is a case in which this sleaze, this dirt, was searched for by staffers of members of this committee. It was then leaked to the media. And this committee and this body validated it and displayed it in prime time over our entire nation." He called the hearing a type of lynching
:
The hearings were notable for their sexually explicit content, particularly Senator Orrin Hatch
's (R-UT
) questions "[D]id you ever say in words or substance something like there is a pubic hair in my Coke?" and "Did you ever use the term Long Dong Silver
in conversation with Professor Hill?" Thomas firmly denied having said either, as well as denying having read The Exorcist
, in which the character Burke Dennings says at a party, "There appear[s] to be an alien pubic hair floating around in my gin."
Among those testifying on behalf of then-Judge Thomas was J.C. Alvarez, a woman who for four years was Thomas's special assistant at EEOC. Alvarez said that "[t]he Anita Hill I knew before was nobody's victim." Alvarez went on to say that Thomas "demanded professionalism and performance." According to Alvarez, Thomas would not tolerate "the slightest hint of impropriety, and everyone knew it." Alvarez asserted that Hill’s allegations were a personal move on her part to advance her own interests: “Women who have really been harassed would agree, if the allegations were true, you put as much distance as you can between yourself and that other person. What's more, you don't follow them to the next job—especially, if you are a black female, Yale Law School graduate. Let's face it, out in the corporate sector, companies are fighting for women with those kinds of credentials.”
Another witness who testified on behalf of then-Judge Thomas was Nancy Fitch, a special assistant historian to Thomas at EEOC, who said "[t]here is no way" Thomas did what Hill alleged. "I know he did no such thing," she declared under oath. Also Diane Holt, Thomas's personal secretary for six years, said that, “At no time did Professor Hill intimate, not even in the most subtle of ways, that Judge Thomas was asking her out or subjecting her to the crude, abusive conversations that have been described. Nor did I ever discern any discomfort, when Professor Hill was in Judge Thomas' presence.” Additionally, Phyllis Berry-Myers, another special assistant to Thomas, said that he "was respectful, demand[ing] of excellence in our work, cordial, professional, interested in our lives and our career ambitions." Berry-Myers said that her "impression" was that Professor Hill desired a greater relationship with Judge Thomas than "just a professional one."
Nancy Altman who worked with Hill and Thomas at the Department of Education testified that, "It is not credible that Clarence Thomas could have engaged in the kinds of behavior that Anita Hill alleges, without any of the women who he worked closest with—dozens of us, we could spend days having women come up, his secretaries, his chief of staff, his other assistants, his colleagues—without any of us having sensed, seen or heard something." Senator Alan K. Simpson
was puzzled by why Hill and Thomas met, dined, and spoke by phone on various occasions after they no longer worked together.
After extensive debate, the Committee sent the nomination to the full Senate without a recommendation either way. Thomas was confirmed by the Senate with a 52 to 48 vote on October 15, 1991, the narrowest margin for approval in more than a century. The final floor vote was not along strictly party lines: 41 Republicans and 11 Democrats (Dixon
(D-IL), Exon
(D-NE), DeConcini
(D-AZ), Robb
(D-VA), Hollings (D-SC), Fowler
(D-GA), Nunn
(D-GA), Breaux
(D-LA), Johnston
(D-LA), Boren
(D-OK), and Shelby
(D-AL) now (R-AL)) voted to confirm while 46 Democrats and 2 Republicans (Jeffords
(R-VT) and Packwood
(R-OR)) voted to reject the nomination.
Thomas was sworn in on October 23, 1991, by Chief Justice William Rehnquist
as the 106th Justice of the Supreme Court. That ceremony had initially been scheduled for October 21, but was postponed until October 23 due to the death of Rehnquist’s wife, and it would have been postponed longer but for a request by Thomas. The swearing-in cut short continued journalistic investigation into Thomas’s private life.
in the United States. Some also link this to what is known as the Year of the Woman
(1992), when a significant number of liberal women were simultaneously elected to congress. Some also called these women the "Anita Hill Class"
Michael Isikoff would claim the case influenced the coverage of the allegations of sexual harassment against Bill Clinton in the 1990s.
wrote an article entitled "The Real Anita Hill
" for the 1992 The American Spectator
magazine, which argued against her veracity base on original testimony by Anita Hill & her supports that the alleged harassment occurred at a time before she had started working with Clarence Thomas in 1981. He also wrote a 1993 book of the same name. However, he would later denounce these works in a 2003 book entitled "Blinded by the Right
: The Conscience of an Ex-Conservative".
Ken Foskett, an investigative reporter for the Atlanta Journal-Constitution, wrote a book about Justice Thomas in 2004. Foskett concludes that, "Although, it was plausible that Thomas said what Hill alleged, it seems implausible that he said it all in the manner Hill described." Foskett elaborates:
Scott Douglas Gerber wrote a book in 1998 about the jurisprudence of Justice Thomas, and came to the following conclusion about the Anita Hill allegations: “Frankly, I do not know whom to believe.” Gerber also wryly noted the reaction when an author (David Brock) who had criticized Hill did a U-turn: "the left maintains that it proves that Hill was telling the truth, while the right contends that it simply shows that Brock is an opportunist trying to sell books."
challenging David Brock's assertions. The two authors would later conclude in an investigative book on Thomas that “the preponderance of the evidence suggests” that Thomas lied under oath when he told the committee he had not harassed Hill. Mayer and Abramson say Biden abdicated control of the Thomas confirmation hearings and did not call Angela Wright to the stand. They report that four women traveled to Washington DC to corroborate Anita Hill’s claims, including Wright and Jourdain.
According to Mayer and Abramson, soon after Thomas was sworn in, three reporters for The Washington Post
“burst into the newsroom almost simultaneously with information confirming that Thomas’ involvement with pornography far exceeded what the public had been led to believe.” These reporters had eyewitness testimony and video rental records showing Thomas’ interest in and use of pornography
. However, according to Jeffrey Toobin
, because Thomas was already sworn in by the time the video store evidence emerged, the Washington Post dropped the story. The book by Mayer and Abramson was subsequently made into a movie
.
Strange Justice was a finalist for the National Book Award
in 1994 and received an extraordinary amount of media attention. Conservatives like John O’Sullivan
panned the book, while liberals such as Mark Tushnet
praised it, saying it established "that Clarence Thomas lied" during the hearings. Richard Roeper
of the Chicago Sun-Times
called the book character assassination: “I don't care if Clarence Thomas had an inflatable doll on his sofa and a framed autograph from Long Dong Silver on the wall. Just because a man has an immature interest in dirty stuff doesn't mean he harassed anyone.”
In 2007, Clarence Thomas published his memoirs, also revisiting the Anita Hill controversy. He described her as touchy and apt to overreact, and described her work at the EEOC as mediocre. He wrote:
In an op-ed
piece written by Anita Hill, appearing in the New York Times on October 2, 2007, Ms. Hill wrote that she "will not stand by silently and allow [Justice Thomas], in his anger, to reinvent me."
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
nominated Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
for the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to replace Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, who had announced his retirement. The nomination proceedings were contentious from the start, especially over the issue of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, and many women's groups and civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
groups opposed Thomas on the basis of his conservative political views, as they had also opposed Bush's Supreme Court nominee from the previous year, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
.
Toward the end of the confirmation hearings, allegations by Anita Hill
Anita Hill
Anita Faye Hill is an American attorney and academic—presently a professor of social policy, law and women's studies at Brandeis University's Heller School for Social Policy and Management. She became a national figure in 1991 when she alleged that U.S. Supreme Court nominee Clarence Thomas had...
, a law professor who had previously worked under Thomas at the United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...
and then at the Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
(EEOC), were leaked to the media from a confidential FBI report. The allegations led to a media frenzy and further investigations. Televised hearings were re-opened and held by the Senate Judiciary Committee before the nomination was moved to the full Senate for a vote. Thomas was confirmed by a narrow majority.
Nomination
Justice William BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
stepped down from the Supreme Court in 1990. Thomas was one of five candidates on Bush's shortlist and was the one that Bush was most interested in nominating. Bush's staff made four arguments against nominating Thomas at the time: Thomas had only served eight months as a judge at the time; his appointment would result in two African-Americans on the Court at one time; Bush could expect to replace Thurgood Marshall with Thomas in due time; and multiple senior advisors told Bush that they did not feel that Thomas was ready. Bush eventually decided to nominate Judge David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
of the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
instead, who was easily confirmed.
Souter would disappoint conservatives who expected him to be more favorable to them in his voting. White House Chief of Staff
White House Chief of Staff
The White House Chief of Staff is the highest ranking member of the Executive Office of the President of the United States and a senior aide to the President.The current White House Chief of Staff is Bill Daley.-History:...
John H. Sununu
John H. Sununu
John Henry Sununu is a former Governor of New Hampshire and former White House Chief of Staff under President George H. W. Bush. He is the father of John E. Sununu, a former senator from New Hampshire, and formerly a U.S. Representative...
promised that Bush would fill the next Supreme Court vacancy with a "true conservative" and predicted a "knock-down, drag-out, bloody-knuckles, grass-roots fight" over confirmation. On July 1, 1991, President Bush nominated Clarence Thomas to replace Marshall, who had recently announced his retirement. By then, Thomas had been a federal judge for 16 months. He had not previously argued before the Court, though that has not been a traditional requirement.
Marshall had been the first African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
Justice on the Court, but while the appointment of Thomas would preserve the existing racial composition of the Court, it was seen as likely to move the ideological balance to the right. Attorney General Richard Thornburgh had previously warned Bush that replacing Thurgood Marshall, who was widely revered as a civil rights icon, with any candidate who was not perceived to share Marshall's views would make the confirmation process difficult. Civil rights and feminist organizations opposed Thomas' appointment, partially citing Thomas's criticism of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
and also because they were suspicious that Thomas might not be a supporter of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
.
In the second half of the 20th century, Supreme Court nominees were customarily evaluated by a committee of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
(ABA) before being considered by the Senate Judiciary Committee. Anticipating that the ABA would rate Thomas poorly, the White House and Republican Senators pressured the ABA for at least the mid-level "qualified" rating, and simultaneously attempted to discredit the ABA as partisan.Senior Republicans believed that Thomas was indeed well-qualified, but that the ABA would not support him because in their mind, the ABA had been politicized. The White House attempted to preemptively discredit the ABA as partisan, and Republican Senators threatened to bar the ABA from future participation if it gave Thomas anything less than a "qualified" rating. Ultimately, on a scale of well-qualified, qualified, or unqualified, 12 members voted that he was "qualified", one abstained, and the other two voted "not qualified", for an overall vote of qualified. This vote represented one of the lowest levels of support for Supreme Court nominees. Although the ABA vote was viewed as a "significant embarrassment to the Bush administration", it ultimately had little impact on Thomas' nomination.
Some of the public statements of Thomas's opponents foreshadowed the confirmation fight that would occur. One such statement came from activist Florynce Kennedy
Florynce Kennedy
Florynce "Flo" Kennedy , was a U.S. lawyer, activist, civil rights advocate, and feminist.- Early life :...
at a July 1991 conference of the National Organization for Women in New York City. Referring to the failure of Ronald Reagan's nomination of Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
, she said of Thomas, "We're going to 'bork' him." The liberal campaign to defeat the Bork nomination served as a model for liberal interest groups opposing Thomas. Likewise, in view of what had happened to Bork, Thomas's confirmation hearings were also approached as a political campaign by the White House and Senate Republicans.
Early hearings
Under questioning during confirmation hearings, Thomas repeatedly asserted that he had not formulated a position on Roe v. Wade.It is routine for nominees, whether they be nominated by a Democrat or a Republican, at all levels of the federal judiciary, to refuse to discuss cases during their confirmation hearings that might come before them if they are confirmed.At one point in the beginning of the proceedings, Senate Judiciary Committee chairman Joe Biden
Joe Biden
Joseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
asked Thomas if he believed the Constitution granted any sort of property rights to individuals as described in Richard Epstein and Stephen Macedo
Stephen Macedo
Stephen Macedo is the Director for the Center for Human Values at Princeton University and is also the Laurance S. Rockefeller Professor of Politics.-Education:...
's book Takings: Private Property and the Power of Eminent Domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
, which had been published by Harvard University Press
Harvard University Press
Harvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
in 1985. Biden held the book up for Thomas to see and denounced its contents. In their book, Epstein and Macedo argue that the government should be regarded with the same respect as any other private entity in a property dispute. The Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
later paraphrased Biden's general line of questioning in the hearing as, "Are you now or have you ever been a libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
?"
Allegations about sexual comments
Toward the end of the early hearings, NPRNPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
's Supreme Court correspondent Nina Totenberg
Nina Totenberg
Nina Totenberg is an American legal affairs correspondent for National Public Radio focusing primarily on the activities and politics of the Supreme Court of the United States. Her reports air regularly on NPR's newsmagazines All Things Considered, Morning Edition, and Weekend Edition...
received a leaked Judiciary Committee/FBI report that a former colleague of Thomas, University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...
law school professor Anita Hill
Anita Hill
Anita Faye Hill is an American attorney and academic—presently a professor of social policy, law and women's studies at Brandeis University's Heller School for Social Policy and Management. She became a national figure in 1991 when she alleged that U.S. Supreme Court nominee Clarence Thomas had...
, accused him of making unwelcome sexual comments to her when the two worked together at the Department of Education (DOE) and EEOC. In the same FBI report, Thomas testified that he had once promoted Allyson Duncan over Hill as his chief of staff at the EEOC.
Anita Hill testimony
On October 11, 1991, Hill was called to testify during the hearing. She said she was testifying as to the character and fitness of Thomas to serve on the high court and was ambivalent about whether his alleged conduct had in fact risen to the level of being illegal sexual harassmentSexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
.
Ten years earlier, in 1981, Hill had become an attorney-adviser to Clarence Thomas at the United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...
(DOE). When Thomas became Chairman of the U.S. Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
(EEOC) in 1982, Hill went with Thomas to serve as his special assistant until she quit in mid-1983. Hill alleged in her 1991 testimony that it was during her employment at DOE and EEOC that Thomas made sexually provocative statements.
She testified that she followed Thomas to EEOC because "[t]he work, itself, was interesting, and at that time, it appeared that the sexual overtures... had ended." She also testified that she wanted to work in the civil rights field, and that she believed that "at that time the Department of Education, itself, was a dubious venture."
Hill alleged lurid details about her time with Thomas at the Department of Education: "He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals and films showing group sex or rape scenes... On several occasions, Thomas told me graphically of his own sexual prowess." Hill also said that the following incident occurred later after they had both moved to new jobs at the EEOC: "Thomas was drinking a Coke
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
in his office, he got up from the table at which we were working, went over to his desk to get the Coke, looked at the can and asked, 'Who has put pubic hair on my Coke?'."
Statements in support of Hill's allegations
Two women, Angela Wright and Rose Jourdain, made statements to Senate staffers in support of Hill. Ultimately, however, Wright and Jourdain were dismissed by the Judiciary Committee without testifying. The reasons why Wright was not called (or chose not to be called) to testify are complex and a matter of some dispute; Republican Senators wanted to avoid the prospect of a second woman describing inappropriate behavior by Thomas, while Democratic Senators were concerned about Wright's credibility and Wright herself was reluctant to testify after seeing the Committee's treatment of Hill. During the Thomas nomination proceedings, Wright and Hill were the only people who publicly alleged that then-Judge Thomas had made unsolicited sexual advances, and Hill was the only one who testified to that effect.Wright, who was one of Thomas's subordinates at the EEOC until he fired her, told Senate Judiciary Committee staff that Thomas had repeatedly made comments to her much like those he allegedly made to Hill, including pressuring her for dates, asking her the size of her breasts, and frequently commenting on the anatomy of other women. Wright said that after she turned down Thomas for a date, Thomas began to express discontent with her work and eventually fired her. Thomas said that he fired Wright for poor performance and for using a homophobic epithet.
Rose Jourdain also did not testify but corroborated Wright's statements, saying Wright had spoken to her about Thomas's statements at the time they were allegedly made. Jourdain stated that Wright had become "increasingly uneasy" around Thomas because of his constant commentary about her body and looks, and that Wright once came to Jourdain's office in tears as a result.
Another former Thomas assistant, Sukari Hardnett, did not accuse Thomas of sexual harassment, but told the Judiciary Committee staff that "if you were young, black, female, reasonably attractive and worked directly for Clarence Thomas, you knew full well you were being inspected and auditioned as a female."
Clarence Thomas testimony
Thomas testified that the accusations against him were false and that, "I deny each and every single allegation against me today that suggested in any way that I had conversations of a sexual nature or about pornographic material with Anita Hill, that I ever attempted to date her, that I ever had any personal sexual interest in her, or that I in any way ever harassed her."Clarence Thomas also stated that, "This is a case in which this sleaze, this dirt, was searched for by staffers of members of this committee. It was then leaked to the media. And this committee and this body validated it and displayed it in prime time over our entire nation." He called the hearing a type of lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
:
The hearings were notable for their sexually explicit content, particularly Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
's (R-UT
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
) questions "[D]id you ever say in words or substance something like there is a pubic hair in my Coke?" and "Did you ever use the term Long Dong Silver
Long Dong Silver
Long Dong Silver is the pseudonym of retired porn star Daniel Arthur Mead. He appeared in several pornographic movies in the UK and US during the late 1970s and early 1980s, famed for the apparent size of his penis...
in conversation with Professor Hill?" Thomas firmly denied having said either, as well as denying having read The Exorcist
The Exorcist
The Exorcist is a novel of supernatural suspense by William Peter Blatty, published by Harper & Row in 1971. It was inspired by a 1949 case of demonic possession and exorcism that Blatty heard about while he was a student in the class of 1950 at Georgetown University, a Jesuit school...
, in which the character Burke Dennings says at a party, "There appear[s] to be an alien pubic hair floating around in my gin."
Testimony and statements in support of Thomas
Several witnesses testified in support of Clarence Thomas and rebutted Hill's testimony. Phone logs were also submitted into the record showing contact between Hill and Thomas in the years after she left the EEOC.Among those testifying on behalf of then-Judge Thomas was J.C. Alvarez, a woman who for four years was Thomas's special assistant at EEOC. Alvarez said that "[t]he Anita Hill I knew before was nobody's victim." Alvarez went on to say that Thomas "demanded professionalism and performance." According to Alvarez, Thomas would not tolerate "the slightest hint of impropriety, and everyone knew it." Alvarez asserted that Hill’s allegations were a personal move on her part to advance her own interests: “Women who have really been harassed would agree, if the allegations were true, you put as much distance as you can between yourself and that other person. What's more, you don't follow them to the next job—especially, if you are a black female, Yale Law School graduate. Let's face it, out in the corporate sector, companies are fighting for women with those kinds of credentials.”
Another witness who testified on behalf of then-Judge Thomas was Nancy Fitch, a special assistant historian to Thomas at EEOC, who said "[t]here is no way" Thomas did what Hill alleged. "I know he did no such thing," she declared under oath. Also Diane Holt, Thomas's personal secretary for six years, said that, “At no time did Professor Hill intimate, not even in the most subtle of ways, that Judge Thomas was asking her out or subjecting her to the crude, abusive conversations that have been described. Nor did I ever discern any discomfort, when Professor Hill was in Judge Thomas' presence.” Additionally, Phyllis Berry-Myers, another special assistant to Thomas, said that he "was respectful, demand[ing] of excellence in our work, cordial, professional, interested in our lives and our career ambitions." Berry-Myers said that her "impression" was that Professor Hill desired a greater relationship with Judge Thomas than "just a professional one."
Nancy Altman who worked with Hill and Thomas at the Department of Education testified that, "It is not credible that Clarence Thomas could have engaged in the kinds of behavior that Anita Hill alleges, without any of the women who he worked closest with—dozens of us, we could spend days having women come up, his secretaries, his chief of staff, his other assistants, his colleagues—without any of us having sensed, seen or heard something." Senator Alan K. Simpson
Alan K. Simpson
Alan Kooi Simpson is an American politician who served from 1979 to 1997 as a United States Senator from Wyoming as a member of the Republican Party. His father, Milward L. Simpson, was also a member of the U.S...
was puzzled by why Hill and Thomas met, dined, and spoke by phone on various occasions after they no longer worked together.
Senate confirmation
In 1991, public opinion polls showed that the vast majority of those polled believed Thomas over Hill.After extensive debate, the Committee sent the nomination to the full Senate without a recommendation either way. Thomas was confirmed by the Senate with a 52 to 48 vote on October 15, 1991, the narrowest margin for approval in more than a century. The final floor vote was not along strictly party lines: 41 Republicans and 11 Democrats (Dixon
Alan J. Dixon
Alan John Dixon is a Democratic politician who was elected to various Illinois state offices from 1951 to 1981 and served as United States Senator from Illinois from 1981 until 1993.-Biography:...
(D-IL), Exon
J. James Exon
John James "Jim" Exon was an American Democratic politician. He served as the 33rd Governor of Nebraska from 1971 to 1979, and as a U.S. Senator from Nebraska from 1979 to 1997. Exon was a Nebraska Democrat who never lost an election, and the only Democrat to hold his Nebraska's Senate Class 2 seat...
(D-NE), DeConcini
Dennis DeConcini
Dennis Webster DeConcini is a former Democratic U.S. Senator from Arizona. Son of former Arizona Supreme Court Judge Evo Anton DeConcini, he represented Arizona in the United States Senate from 1977 until 1995....
(D-AZ), Robb
Chuck Robb
Charles Spittal "Chuck" Robb is an American politician. He served as the 64th Governor of Virginia from 1982 to 1986, and as a United States senator from 1989 until 2001. In 2004, he chaired the Iraq Intelligence Commission.-Early life:...
(D-VA), Hollings (D-SC), Fowler
Wyche Fowler
William Wyche Fowler, Jr. is an American politician and ambassador. He is a member of the Democratic Party and served as U.S. Senator from Georgia from January 1987 to January 1993. He had previously served in the U.S. House of Representatives from 1977 until his senatorial election.-Early life...
(D-GA), Nunn
Sam Nunn
Samuel Augustus Nunn, Jr. is an American lawyer and politician. Currently the co-chairman and Chief Executive Officer of the Nuclear Threat Initiative , a charitable organization working to reduce the global threats from nuclear, biological and chemical weapons, Nunn served for 24 years as a...
(D-GA), Breaux
John Breaux
John Berlinger Breaux is a former United States senator from Louisiana who served from 1987 until 2005. He was also a member of the United States House of Representatives from 1972 to 1987. He was considered one of the more conservative national legislators from the Democratic Party...
(D-LA), Johnston
Bennett Johnston Jr.
John Bennett Johnston, Jr., known as J. Bennett Johnston , is an American lobbyist who was a Democratic Party politician and United States Senator from Louisiana from 1972 to 1997.-Early life:...
(D-LA), Boren
David L. Boren
David Lyle Boren is an academic leader and American politician from the state of Oklahoma. A Democrat, he served as the 21st Governor of Oklahoma from 1975 to 1979 and in the United States Senate from 1979 to 1994. He is currently president of the University of Oklahoma. He was the longest serving...
(D-OK), and Shelby
Richard Shelby
Richard Craig Shelby is the senior U.S. Senator from Alabama. First elected to the Senate in 1986, he is the ranking member of the United States Senate Committee on Banking, Housing, and Urban Affairs and was its chairman from 2003 to 2007....
(D-AL) now (R-AL)) voted to confirm while 46 Democrats and 2 Republicans (Jeffords
Jim Jeffords
James Merrill "Jim" Jeffords is a former U.S. Senator from Vermont. He served as a Republican until 2001, when he left the party to become an independent. He retired from the Senate in 2006.-Background:...
(R-VT) and Packwood
Bob Packwood
Robert William "Bob" Packwood is a U.S. politician from Oregon and a member of the Republican Party. He resigned from the United States Senate, under threat of expulsion, in 1995 after allegations of sexual harassment, abuse and assault of women emerged.-Early life and career:Packwood was born in...
(R-OR)) voted to reject the nomination.
Thomas was sworn in on October 23, 1991, by Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
as the 106th Justice of the Supreme Court. That ceremony had initially been scheduled for October 21, but was postponed until October 23 due to the death of Rehnquist’s wife, and it would have been postponed longer but for a request by Thomas. The swearing-in cut short continued journalistic investigation into Thomas’s private life.
| State | Senator | Party | Vote |
|---|---|---|---|
| Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
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| Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
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| Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
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| Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
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| Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
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| Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
R | Yea | |
| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
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| Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
D | Nay | |
| California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
D | Nay | |
| California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
R | Yea | |
| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
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| Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
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| Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
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| Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
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| Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
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| Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
R | Yea | |
| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
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| Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
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| Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
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| Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
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| Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
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| Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
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| Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
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| Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
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| Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
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| Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
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| Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
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| Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
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| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
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| Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
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| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
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| Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
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| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
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| Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
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| Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
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| Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
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| Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
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| Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
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| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
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| Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
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| Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
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| Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
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| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
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| Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
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| Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
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| Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
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| Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
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| Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
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| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
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| Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
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| Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
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| Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
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| Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
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| Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
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| Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
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| Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
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| New Hampshire New Hampshire New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian... |
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| New Hampshire New Hampshire New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian... |
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| New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
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| New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
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| New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
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| New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
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| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
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| New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
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| North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
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| North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
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| North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
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| North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
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| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... > |
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| Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
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| Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
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| Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
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| Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
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| Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
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| Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
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| Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
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| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
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| Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
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| South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
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| South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
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| South Dakota South Dakota South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... |
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| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
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| Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
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| Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
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| Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
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| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
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| Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
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| Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
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| Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
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| Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
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| Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
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| Washington | D | Nay | |
| Washington | R | Yea | |
| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
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| West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
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| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
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| Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
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| Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
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| Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
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Cultural impact
Public interest in, and debate over, Hill's testimony is said by some to have launched modern-day public awareness of the issue of sexual harassmentSexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
in the United States. Some also link this to what is known as the Year of the Woman
Year of the Woman
The Year of the Woman was a popular label attached to 1992 after the election of a number of female Senators in the United States.The hotly contested Senate confirmation hearings for Supreme Court nominee Clarence Thomas involving the allegations of Anita Hill raised the question of the dominance...
(1992), when a significant number of liberal women were simultaneously elected to congress. Some also called these women the "Anita Hill Class"
Michael Isikoff would claim the case influenced the coverage of the allegations of sexual harassment against Bill Clinton in the 1990s.
Authors skeptical about Hill's allegations
David BrockDavid Brock
David Brock is an American journalist and author, the founder of the media watchdog group, Media Matters for America, and a Democratic political operative...
wrote an article entitled "The Real Anita Hill
The Real Anita Hill
The Real Anita Hill is a controversial 1993 book written by David Brock that claims to reveal the "true motives" of Anita Hill, who had accused Supreme Court Justice Clarence Thomas of sexual harassment during his 1991 confirmation hearings....
" for the 1992 The American Spectator
The American Spectator
The American Spectator is a conservative U.S. monthly magazine covering news and politics, edited by R. Emmett Tyrrell Jr. and published by the non-profit American Spectator Foundation. From its founding in 1967 until the late 1980s, the small-circulation magazine featured the writings of authors...
magazine, which argued against her veracity base on original testimony by Anita Hill & her supports that the alleged harassment occurred at a time before she had started working with Clarence Thomas in 1981. He also wrote a 1993 book of the same name. However, he would later denounce these works in a 2003 book entitled "Blinded by the Right
Blinded by the Right
Blinded by the Right: The Conscience of an Ex-Conservative is a 2002 book written by former conservative journalist David Brock detailing his departure from the conservative movement. It is also the story of his coming out as a gay man. In the book, he states that he visited gay bars with Matt...
: The Conscience of an Ex-Conservative".
Ken Foskett, an investigative reporter for the Atlanta Journal-Constitution, wrote a book about Justice Thomas in 2004. Foskett concludes that, "Although, it was plausible that Thomas said what Hill alleged, it seems implausible that he said it all in the manner Hill described." Foskett elaborates:
Scott Douglas Gerber wrote a book in 1998 about the jurisprudence of Justice Thomas, and came to the following conclusion about the Anita Hill allegations: “Frankly, I do not know whom to believe.” Gerber also wryly noted the reaction when an author (David Brock) who had criticized Hill did a U-turn: "the left maintains that it proves that Hill was telling the truth, while the right contends that it simply shows that Brock is an opportunist trying to sell books."
Authors supporting Hill's allegations
Jane Mayer and Jill Abramson, reporters for the Wall Street Journal, wrote an article for the May 1993 issue of The New YorkerThe New Yorker
The New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...
challenging David Brock's assertions. The two authors would later conclude in an investigative book on Thomas that “the preponderance of the evidence suggests” that Thomas lied under oath when he told the committee he had not harassed Hill. Mayer and Abramson say Biden abdicated control of the Thomas confirmation hearings and did not call Angela Wright to the stand. They report that four women traveled to Washington DC to corroborate Anita Hill’s claims, including Wright and Jourdain.
According to Mayer and Abramson, soon after Thomas was sworn in, three reporters for The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
“burst into the newsroom almost simultaneously with information confirming that Thomas’ involvement with pornography far exceeded what the public had been led to believe.” These reporters had eyewitness testimony and video rental records showing Thomas’ interest in and use of pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. However, according to Jeffrey Toobin
Jeffrey Toobin
Jeffrey Ross Toobin is an American lawyer, author, and legal analyst for CNN and The New Yorker.-Early life and education:...
, because Thomas was already sworn in by the time the video store evidence emerged, the Washington Post dropped the story. The book by Mayer and Abramson was subsequently made into a movie
Strange Justice
Strange Justice is a 1999 television movie starring Delroy Lindo and Regina Taylor and directed by Ernest Dickerson. Originally aired on the Showtime network, the film is based on a book by Jane Mayer and Jill Abramson.-Synopsis:...
.
Strange Justice was a finalist for the National Book Award
National Book Award
The National Book Awards are a set of American literary awards. Started in 1950, the Awards are presented annually to American authors for literature published in the current year. In 1989 the National Book Foundation, a nonprofit organization which now oversees and manages the National Book...
in 1994 and received an extraordinary amount of media attention. Conservatives like John O’Sullivan
John O'Sullivan (columnist)
John O'Sullivan CBE is a leading British conservative political commentator and journalist and currently Vice President and executive editor of Radio Free Europe/Radio Liberty....
panned the book, while liberals such as Mark Tushnet
Mark Tushnet
Mark Victor Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. A prominent scholar of constitutional law and legal history, he is the author of many books and articles.-Career:...
praised it, saying it established "that Clarence Thomas lied" during the hearings. Richard Roeper
Richard Roeper
Richard E. Roeper is an American columnist and film critic for The Chicago Sun-Times and now a co-host on The Roe Conn Show on WLS-AM...
of the Chicago Sun-Times
Chicago Sun-Times
The Chicago Sun-Times is an American daily newspaper published in Chicago, Illinois. It is the flagship paper of the Sun-Times Media Group.-History:The Chicago Sun-Times is the oldest continuously published daily newspaper in the city...
called the book character assassination: “I don't care if Clarence Thomas had an inflatable doll on his sofa and a framed autograph from Long Dong Silver on the wall. Just because a man has an immature interest in dirty stuff doesn't mean he harassed anyone.”
Autobiographies by Hill and Thomas
In 1997, Anita Hill penned her autobiography, Speaking Truth To Power, and she addressed why she filed no complaint at the time of the alleged harassment in the early 1980s:In 2007, Clarence Thomas published his memoirs, also revisiting the Anita Hill controversy. He described her as touchy and apt to overreact, and described her work at the EEOC as mediocre. He wrote:
In an op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
piece written by Anita Hill, appearing in the New York Times on October 2, 2007, Ms. Hill wrote that she "will not stand by silently and allow [Justice Thomas], in his anger, to reinvent me."