American Notes Civil Rights

The nation's oldest civil rights group's opposition to the second black ever nominated for the U.S. Supreme Court showed the depth of emotion generated by the selection of Clarence Thomas to replace retiring Justice Thurgood Marshall. In announcing the N.A.A.C.P.'s decision last week, chairman William Gibson praised Thomas' personal success in rising from rural poverty in Georgia to the federal Court of Appeals but criticized his "insensitivity to giving those who may not have any bootstraps the opportunity to pull themselves up as well." Translation: liberal activists view Thomas' skepticism toward affirmative action as a fatal flaw. Within hours, the AFL- CIO's executive board joined the opposition, and the Leadership Conference on Civil Rights is now virtually certain to fight Thomas too. The latest pile- on by Thomas' adversaries poses an obstacle to Senate confirmation, which until last week had seemed a good bet. Most Senators will now suspend judgment until the Judiciary Committee quizzes the nominee next month.

Ironically, Thomas' strongest advocate in the Senate, Missouri Republican John Danforth, last week accused the White House of "trying to turn the clock back on civil rights." Danforth had been attempting to broker a compromise between the Administration and Congress over the new civil rights bill. But Bush rejected a bipartisan plan to bar employers from demanding higher qualifications than a job requires, a practice that can tend to discriminate against minority applicants. So when the Senate returns from its August recess, it will deal with two explosive issues centering on affirmative action.