Clarence Thomas's nomination to the Supreme Court of the United States culminated in a narrow 52-48 Senate vote on October 15, 1991, confirming him as an associate justice. This confirmation was notable not only for its close margin but also because Thomas became the most recent Supreme Court justice, as of 2025, to be confirmed when the Senate majority was held by the opposition party to the president. The entire process was marked by intense political
maneuvering, significant opposition from various groups, and dramatic public hearings that captivated the nation.
Early Opposition and Strategic Maneuvers
From the outset, Thomas's nomination was met with considerable resistance. Many women's groups and civil rights organizations opposed him due to his conservative political views, mirroring their opposition to President Bush's previous Supreme Court nominee, David Souter. The issue of abortion was a central point of contention. African-American activist attorney Florynce Kennedy publicly stated, "We're going to 'bork' him," referencing the successful liberal campaign against Robert Bork's nomination, which served as a model for groups opposing Thomas. In response, the White House and Senate Republicans approached Thomas's confirmation hearings as a political campaign, learning from the Bork precedent.
Anticipating a potentially negative assessment from the American Bar Association (ABA), the White House and Republican Senators exerted pressure on the ABA to secure at least a "qualified" rating for Thomas, while simultaneously attempting to discredit the ABA as partisan. Ultimately, the ABA's Standing Committee on the Federal Judiciary rated Thomas as "qualified," with 12 members voting in favor, one abstaining, and two voting "not qualified." This represented one of the lowest levels of support for a Supreme Court nominee from the ABA, a "significant embarrassment" to the Bush administration, though it ultimately had little impact on the nomination's outcome.
Judiciary Committee Review and Initial Hearings
Attorney General Richard Thornburgh had previously cautioned President Bush that replacing Thurgood Marshall, a revered civil rights icon, with a candidate not perceived to share Marshall's views would complicate the confirmation process. Indeed, Thomas's nomination sparked indignation among groups like the NAACP, Urban League, and the National Organization for Women, who feared he would shift the Court's ideological balance to the right. His criticism of affirmative action and his perceived stance on *Roe v. Wade* were particular points of concern.
Public confirmation hearings began on September 10, 1991, lasting ten days. Senators focused on Thomas's legal views as expressed in his speeches, writings, and judicial decisions. During these proceedings, Senate Judiciary Committee chairman Joe Biden questioned Thomas about his views on property rights, specifically referencing Richard Epstein's book *Takings: Private Property and the Power of Eminent Domain*. Biden held up the book and denounced its contents, leading the Cato Institute to later characterize Biden's questioning as, "Are you now or have you ever been a libertarian?"
Sexual Harassment Allegations and Reopened Hearings
The confirmation process took a dramatic turn after the initial Judiciary Committee hearings concluded. On October 6, 1991, NPR correspondent Nina Totenberg aired information from a leaked Judiciary Committee/FBI report. This report detailed allegations from Anita Hill, a University of Oklahoma law school professor and former colleague of Thomas, who accused him of making unwelcome sexual comments while they worked together at the Department of Education and the Equal Employment Opportunity Commission (EEOC). Democratic committee staffers had heard rumors of such behavior earlier, prompting an FBI investigation into Hill's charges in September, though Committee Chairman Joe Biden initially saw no reason to postpone the committee's scheduled vote.
Following Totenberg's report, intense pressure from House Democratic women and various opposing groups forced Biden to reopen the hearings. This unprecedented move, only the third time in Senate history such an action had been taken, postponed the final Senate vote. During these reopened hearings, Anita Hill testified on October 11, 1991, detailing specific instances of alleged sexual harassment, including graphic descriptions of pornographic discussions and inappropriate comments. Thomas vehemently denied all allegations, calling the hearing a "high-tech lynching" and a "circus" designed to destroy him for thinking independently as a Black American. Despite the controversy, the Senate ultimately confirmed Thomas, marking a significant moment in Supreme Court history.
The Final Vote and Its Legacy
The Senate's final vote on October 15, 1991, saw Thomas confirmed by a 52-48 margin. Support for Thomas came from 41 Republicans and 11 Democrats, while 46 Democrats and 2 Republicans voted against his nomination. This outcome solidified his place on the Supreme Court, where he took the oath of office on October 23, 1991. The confirmation process, marked by its intense partisan divisions and the public airing of sexual harassment allegations, left a lasting impact on American political discourse and the Supreme Court nomination process. Thomas's confirmation remains a significant historical event, particularly as the most recent instance of a Supreme Court justice being confirmed by a Senate controlled by the opposition party, highlighting the unique political landscape of his appointment.
