Questionable Conduct

As the saying goes, as everything changes everything seems to stay the same. Thus, while it may come as a shock to hear about the story Virginia Thomas, Justice Clarence Thomas’ wife, leaving a voice mail for Anita Hill, the fact is that this is not unexpected. Thomas’ exact statement on the voice mail said, “I would love you to consider an apology sometime and some full explanation of why you did what you did with my husband.”

Anita Hill, now a law professor at Brandeis University, is of course well known for her testimony during Justice Clarence Thomas’ confirmation hearings. Specifically, Hill testified that during her time working with Justice Thomas at both the US Department of Education and at the US Equal Employment Opportunity Commission, Justice Thomas subjected Hill to inappropriate language that amounted to sexual harassment. Hill’s testimony, however, was viewed rather suspiciously because of the timing, contested events, and the inherent nature of sexual harassment claims – the stated reliance on “he said, she said” evidence. Hill, because of her decision to bring these claims at this time was subjected to a polygraph test, which found her to be telling the truth. Justice Thomas, however refused to take a polygraph test, stating that this was a form of “high tech lynching.” Justice Thomas was subsequently confirmed to the Supreme Court.

Recently, the New York Times ran a piece related to Virginia Thomas and her work as a Tea Party Activist. Particularly, the article stated that Thomas’ presence as part of Liberty Central, a group dedicated to “protecting the core founding principles” of the nation, posed a concern related to judicial ethics. The principle concern rests on the fact that Thomas’ activism has raised questions of large, unidentified contributions and whether this has some impact upon Justice Thomas’ activities as a Supreme Court Justice.

The ramifications of Hill’s testimony may include a public awareness of work place harassment, but perhaps a more concrete assessment of the impact of her testimony is the voice it gave to Black feminists. What is clear, however, from Virginia Thomas’ telephone call is that Hill’s testimony and its effects still exist. Moreover, the issues of recusal and Thomas’ activism pose questions not only in a political sense, but also in a feminist sense.

First, it is disconcerting to hear that Virginia Thomas still holds resentment over Anita Hill’s accusations. Despite evidence confirming the story, and the time that has elapsed since the testimony – the question remains, why did she choose to leave that voicemail? Of course, this cannot be answered. But the grave concern here the dynamics of power at play in this context. Virginia Thomas is married to man who is incredibly powerful. She also holds power both as her voice for the Liberty Council and as a Tea Party activist. Regardless of whether Hill’s sexual harassment did exist or not, the fact is that by rehashing her testimony, Thomas has now set a precedent that such harassment can continue years later – through books and voice mails. This undermines any woman’s right to step forward, without the threat that she or he would be subject to ridicule years later. Whether this power dynamic is seen through the annals of Washington or in the frame of a room, it is evidence that power can silence opposition and make it part of the law itself.

Second, as stated in the New York Times article (which features Deborah Rhode), two career families are now the norm and this results in no constraints on the political activities of judicial spouses – specifically in this case. This statement packs in a variety of different concerns, but perhaps it is also goes to show how influential family dynamics can be upon women and men in the larger political sphere. We have discussed this concept of the two career families, and how these dynamics work within the family, but perhaps larger considerations are valid as well. In this case, our judicial system and potential ethical considerations are here. While a woman’s career choice should be considered valid and legitimate regardless of the considerations at play, the choice in this case is dangerous. The danger is the fact that the people (the citizens of the US) have no idea who is donating, the amount that is being donated, and more importantly whether Justice Thomas is being influenced. A two career family may be the norm, and a woman should have the choice to have a career, but not if it means sacrificing ethics to pursue an agenda – especially one that stigmatizes women.

Despite the Thomas’ bitterness, Hill has demonstrated resolute integrity and grace. In this context, perhaps the ultimate losers of this whole ordeal are the women who want to achieve the power that the Thomas’ have, as well as the women who seek to have a voice when such power is overwhelming.