Clarence Thomas bemoans judicial confirmation process: ‘This is not the Roman Colosseum. We’re not gladiators’

Thomas addressed a crowd at the Library of Congress on Thursday as part of an event hosted by the Law Library of Congress and the Supreme Court Fellows Program.

The justice was confirmed to the high court in 1991 after facing controversial confirmation hearings. Anita Hill, a former employee of the Equal Employment Opportunity Commission, accused Thomas of sexual harassment and was called to testify before the Senate Judiciary Committee.

He was ultimately confirmed 52-48 in what was then one of the slimmest margins in a century.

Thomas recalled that during the five times he was confirmed over a decade, each confirmation process was “increasingly worse.”

“I think we’re going to lose some of our best people who choose not to go through the ordeal,” Thomas said. “They don’t want to have to fight the lion in order to be a judge or to be in government, and I think it’s our own fault for allowing this to happen.”

Thomas likened the confirmation process to undergoing surgery, where the “only minor surgery is on the other guy,” and said the country is “going to at some point have the leadership we deserve” because “we allow the selection process to get out of our control.”

The justice also took a subtle dig at the senators who question prospective judges.

“Think about it: How many people, for example, who have done the job of judging who actually talk about judges. Usually the people who are doing the most talking have never judged a single case,” Thomas said. “I just find it fascinating that a lot of the commentary has nothing to do with the job itself.”

During Thursday’s event, Thomas spoke about his childhood in Savannah, Ga., where he was raised by his grandparents, and recalled how his grandfather never permitted him or his younger brother to wallow.

He also lamented what he indicated was a growing culture of victimhood.

“I just get worn down,” Thomas said. “I was with a young woman, who happened to be black, in Kansas recently, and she said something really interesting. She said, ‘I’m really tired of having to play the role of being black. I just want to go to school.’ At some point, we’re going to be fatigued with everybody being the victim.”

Thomas has served on the Supreme Court for more than 25 years and said he has “no complaints” about his tenure.

The justice specifically highlighted the time spent interacting with his law clerks, both during their clerkships and after, but lamented the loss of anonymity, which he conceded is “part of the deal.”

He doesn’t, however, like the “myth-making” surrounding the court and who the justices are.

“There’s a real decided difference between what is said about what goes on and judging and the court and what actually happens,” Thomas said. “There’s the real world and there’s the myth of that world.”

Thomas specifically cited accusations that judges “just want to execute people.”

“I haven’t met a judge who wants to execute anybody,” he said. “I haven’t met that judge yet. In fact, every judge I have met, going through these cases — look at what it does to your hair. You start out, your hair is black. You have lots of it. Then all of a sudden, you’re follically impaired. Your hair, what’s left, it turns gray, and you say, ‘Oh my God, another execution.’ Every one of us is like, ‘Did I get it right? Did I make a mistake?’”

The U.S. Supreme Court is currently coming to the end of its weekslong midwinter recess. The justices will gather Friday for a private conference, where they will discuss whether to consider several cases, including the Trump administration’s end to the Deferred Action for Childhood Arrivals program.