Standing Up to the PC Gendarmes
By Clancy DuBos
JUNE 15, 1998:
Hats off to Louisiana Supreme Court Justice Bernette Johnson for standing up to
the Thought Police in the National Bar Association, a group of black attorneys
and judges. In this age of political correctitude, she has committed the
unspeakable crime of inviting U.S. Supreme Court Justice Clarence Thomas to
address the NBA's Judicial Council, which consists of roughly 1,600
African-American judges.
Johnson chairs the association's Judicial Council, and in that role
exercised her authority to choose a keynote speaker for the Judicial Council's
July 29 luncheon.
Thomas, of course, has been a pariah in many black political
circles because he is a Republican and an outspoken opponent of affirmative
action. In fact, when Thomas was nominated for the Supreme Court by President
George Bush in 1991, the organization representing the nation's 17,000 black
attorneys and judges opposed his confirmation. As a member of the Supreme
Court, he has been a solid conservative vote.
Johnson is a liberal Democrat whose philosophical compass is hardly
in sync with that of Thomas. As judges, they can safely be said to be
near-polar opposites.

Bernette Johnson won't rescind her invitation to Clarence Thomas.
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But Johnson's aim in inviting Thomas to address the black judges'
luncheon was not to validate Thomas' opinions; rather, she simply hoped to
foster debate among professionals who disagree. One would think that a group of
judges -- who are supposed to listen impartially to all sides of an issue and
then weigh the merits of each argument blindly before forming opinions -- could
grasp the fundamental fairness (another judicial hallmark) of Johnson's
move.
Unfortunately, the PC gendarmes on the Judicial Council didn't see
it that way. Two weeks ago, the council's executive committee voted to rescind
the invitation, which Thomas had already accepted.
To her credit, Johnson has stood her ground. She denied a newspaper
report that the invitation had been withdrawn and pointed out that, as head of
the council, it is her prerogative to issue it.
"I will acknowledge that there had been some controversy," she told
The Times-Picayune. "I will acknowledge that there are some members of
the Judicial Council that are unhappy with the invitation.
"I tried to explain that in order to facilitate debate, you have to
invite people who disagree with us. There are 1,600 African-American judges
around the country, so the Judicial Council has to be that kind of broad
umbrella that would include persons that would have varying opinions on other
issues."
In accepting Johnson's invitation, Thomas has indicated that he is
interested in the kind of dialogue that Johnson envisioned. But that apparently
doesn't sit well with some folks.
One member of the council has reportedly compared Thomas'
invitation to asking George Wallace or Ross Barnett to address the group. Such
rhetoric may make nice headlines, but on a substantive level it rings hollow
and demeans the group much more than it does Thomas. In fact, it shows a good
many black jurists to be imitating their oppressors.
Johnson noted that Thomas has been a member of the group for years
and thus is welcome at the meeting in his own right. Besides, she told one
group of black lawyers, "Sometimes you have to make peace with your enemies.
"The British are sitting down with the Irish. Palestinians are
talking with Jews. And the Hutus can make peace with the Tutsis, but we can't
live with Clarence Thomas?" Johnson asked.
The president of the National Bar Association, the parent group of
the Judicial Council, agreed with Johnson's interpretation of her authority as
council chair to invite Thomas and said the justice likely will appear.
Of course, there's no telling what kind of reception Thomas will
get. But give Johnson credit for doing the right thing and then standing firm.
Her mentor, the late Dutch Morial, would have been proud.
Meanwhile, a good many of the nation's black judges need to realize
that the more they abuse and disrespect Thomas, the more they weaken their own
standing as righteous defenders of fundamental fairness and equality under the
law -- not to mention that benchmark of First Amendment freedoms known as the
marketplace of ideas.
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