Professor Adam Winkler thinks it makes a lot of sense. He certainly would present an interesting character for the GOP - an African-American Tea Party icon. But I think that, notwithstanding the exciting possibilities that could come out of a brokered convention, the candidate that emerges would likely be a remarkable risk for the Republican party. An overwhelming majority of apparently legitimate candidates can't ultimately "hit major league pitching" (to quote Newt Gingrich.) And even those who can often lack the charisma to light up a campaign. (And then, of course, there are people with anger management issues.)
We know nothing about how Thomas would hold up under the klieg lights but my guess is...not so well. It sounds to me like this is more of a Democrat's fantasy than one likely to advance the GOP agenda. After all, it was first proposed by David Lat and Kash Hill. And I'm pretty sure that, notwithstanding the political diversity among Lat's judicial hotties, David and Kash have a preference in this election. And I don't think it's a taste for righties.
He would not inspire the voting enthusiasts in the African American and, I suspect, the female populations given his history voting on cases of interest to the black community and his reputation relative to Anita Hill (even "if" he was innocent he is guilty in the eyes of many laypersons in the general population). It doesn't make sense and I don't see how he would fare any better than the current GOP lineup. Bad idea...But perhaps his wife should consider running!
Posted by: Kendall Isaac | February 27, 2012 at 12:34 PM
Lat is on-record as a conservative Republican.
Posted by: anon | February 27, 2012 at 02:46 PM
As a left winger, I would be happy to see Clarence step down from the Supreme Court to run for President. Even if, as the author suggests, the Republicans could filibuster for 5 months; even if the odds of Obama winning are only 50/50 (I would suggest they are much greater); that is a 50/50 chance of the left taking over the Supreme Court.
Heck, Obama might even want to throw Thomas a challenge -- go ahead, step down and run against me -- I promise not to fill the seat until after the election. Let America decide.
Posted by: JJ | February 27, 2012 at 03:27 PM
Anon up above makes the point that David Lat is a Republican. I don't know whether this is true or not, but I'm wondering where Professor Filler gets the information that Lat has a "taste" for left-wing politics.
Posted by: anon | February 27, 2012 at 04:29 PM
Mr. Justice, I served with Charles Evans Hughes. I knew Charles Evans Hughes. Charles Evans Hughes was a friend of mine. Mr. Justice, you're no Charles Evans Hughes.
Posted by: anon | February 27, 2012 at 07:51 PM
That would never happen for the simple reason that Thomas would have to resign and allow an Obama appointee to take his place. Anyone who thinks that that is likely, I don't think is living in a real world
Posted by: DrGrishka | February 27, 2012 at 09:42 PM
I have no inside info on the politics of either Lat or Hill. I am simply making (perhaps entirely incorrect) inferences.
Posted by: Dan Filler | February 28, 2012 at 11:49 AM
I don't know about Kash, but Lat is more likely a libertarian Republican than a conservative Republican. And that I put at 85% confidence levels, having known him for almost 20 years.
Posted by: anon | February 29, 2012 at 11:11 PM
Thomas is also very smart. When he first joined the Supreme Court, some people thought he would just mimic Justice Antonin Scalia, the intellectual leader of the Court’s conservative wing.
Posted by: Becoming a Freight Broker | March 06, 2012 at 06:11 AM