Kennedy and Cruz Force a Vote Condemning Racist Attacks on Justice Thomas After Ellison's 'Django' Remark (July 20, 2023)

Days after Minnesota’s Democratic attorney general compared Justice Clarence Thomas to a house slave from a Hollywood movie, Republicans on the Senate Judiciary Committee forced Democrats to go on the record. Sen. Ted Cruz, R-Texas, put the question to Sen. John Kennedy, R-La., who had written an amendment condemning the attacks.

“Are there are any of the other nine justices who have been subject to such racist attack in the last few days from a sitting Democrat in the state of Minnesota, who disgusting—has anyone else been subject to those kind of attacks as frequently, as brazenly, and as unapologetically,” Cruz asked during the committee’s July 20, 2023, markup, Townhall reported [1].

Kennedy answered that “it would be unconscionable for this Committee not to condemn this kind of rhetoric against Clarence Thomas!” [1]

The video above shows the exchange at the Senate Judiciary Committee markup. Quotes are from Townhall and Fox News [1][2][3].

”Just Watch Stephen and You See Clarence Thomas”

The trigger was an interview Minnesota Attorney General Keith Ellison gave to the Michigan Chronicle. “Anybody who’s watched the movie ‘Django,’ just watch Stephen and you see Clarence Thomas,” Ellison said, Fox News reported [2].

“In the film, Stephen is a sadist who remains loyal to his master, the film’s antagonist, Calvin Candie, played by Leonardo DiCaprio,” Fox noted [2].

“Clarence Thomas has decided that his best personal interest is siding with the powerful and the special interests regardless as to who they’re going to hurt,” Ellison said [2].

Ellison went further. “So, Clarence Thomas needs to be impeached,” he said. “Clarence Thomas is illegitimate and has no basis in the job that he’s in.” [2]

Thomas had sided with the 6-3 majority that struck down race-based college admissions in June, “arguing in his opinion that individuals are the ‘sum of their unique experiences, challenges, and accomplishments,’” Fox reported [2].

”Racist to the Marrow”

At the markup, Kennedy refused to water it down. “I don’t understand the reluctance to accept the fact that Justice Clarence Thomas, who happens to be a black man, has been the butt of a lot of racist statements. And I don’t understand reluctance to condemn those. And that’s what my amendment does,” he said [1].

“I don’t want it watered down, I don’t want to bubble wrap it, I don’t want to sugar coat it, I want to say, big as Dallas, the United States Senate condemns all these racist things that have been said against Justice Clarence Thomas,” Kennedy said [1].

“I mean does anybody here support that kind of rhetoric? I don’t! I don’t think you do!” Kennedy said. “And it’s un-American, it’s unconscionable, and I can’t believe we wouldn’t condemn it!” [1]

“If you support the racist things that have been said against Clarence Thomas, then vote against this amendment. If you think the things that have been said about Clarence Thomas are racist to the marrow and you condemn them, then vote for this amendment,” he said [1].

”Not Relevant to the Matter at Hand”

Sen. Sheldon Whitehouse, D-R.I., objected. He “urged my fellow colleagues to vote no,” Townhall reported, saying: “I consider this to be not relevant to the matter at hand, and further it specifically requests the Biden administration to inject itself politically into a law enforcement decision that the Biden administration, I think quite properly, has avoided getting involved with.” [1]

Kennedy fired back. “I don’t care how many lawyers can dance on the head of a pin,” he said. “It’s not complicated! You don’t have to be a senior at Cal Tech to figure it out!” [1]

Cruz answered the other Democratic objection, from Sen. Amy Klobuchar, D-Minn., who wanted the language to cover any justice. “I would point out objectively the venom and the bigotry directed at Clarence Thomas is qualitatively different than any of the other eight justices,” Cruz said [1].

”The Bitter Irony”

Legal scholar Jonathan Turley, a Fox News contributor, said the comparison got the man backward. “The bitter irony is that Thomas is the antithesis of the Stephen character referenced by AG Ellison in this latest racist attack,” Turley wrote [3].

Turley “called out the lack of concern from a ‘single Democrat’ about the ‘openly racist attack’ against Thomas and specifically mentioned the silence from Minnesota Democrats Sen. Amy Klobuchar and Gov. Tim Walz,” Fox reported [3].

By the Numbers

6-3: the Supreme Court ruling on race in admissions that Ellison was reacting to [2].
Unanimous: the committee vote on Kennedy’s amendment, per Townhall [1].
2012: the year “Django Unchained” was released [2].

What Happened Next

The amendment passed. “The amendment passed unanimously, which might be somewhat surprising, given that Democrats themselves are the ones who have gone after Thomas with such vitriol,” Townhall reported [1].

Republicans vowed to block the bill. The Supreme Court Ethics, Recusal and Transparency Act “did only pass out of Committee with votes from all Democrats,” and “Republicans have vowed to block it from passing,” Townhall reported. Kennedy predicted its fate: “Democrats’ SCOTUS Ethics Bill ‘is dead as fried chicken!’” [1]

For Kennedy reading a judicial nominee her reversals that same month, see HYGO News’ page on July 26, 2023.