Clarence Thomas Suffers The Moira Smith Lesson

A gaggle of criminal defense lawyers, sitting around having beers, gets into a vigorous argument over which Supreme Court justice sucks the most. They nearly come to blows over whether it’s Sam Alito or Clarence Thomas, as if the winner of this argument gets thrown off the island. That’s how much criminal defense lawyers despise Clarence Thomas as a judge.

But this is bullshit.  An Alaskan lawyer, Moira Smith, alleges now that Justice Clarence Thomas cupped her butt in 1999.  She went public with this story on Facebook on October 7th.


And the team* players lined up, believing uncritically that this must be true because believing in “survivors” is a requirement of the creed, and then connecting it to their most hated presidential candidate, because why not. Justice Thomas is an easy target, both because he’s especially hated by progressives as being a turncoat black man (who was left out of the new Smithsonian National Museum of African American History and Culture because “they just couldn’t include everyone”) and because of the allegations of Anita Hill during his confirmation hearings.

But this is the danger of propensity arguments. Where there’s smoke, there’s fire. So, are you really buying the Nancy Grace theory of guilt when it’s used against someone you want so much to believe is guilty?

Moira Smith made no allegations against Thomas at the time, a mere 17 years ago, but today there is a litany of official excuses for the failure of women to take any course of action a rational person would take. They’ve got an excuse for every failure, and they’re up to their eyeballs in failure and praying that people who think rationally are too afraid of their shrieks of MISOGYNIST to call bullshit. Most of you gutless cowards are, enabling these nutjob warriors to perpetuate their scam.

Adam Liptak tells the story as best one can in the face of castigation by women who think Elizabeth Warren isn’t batshit crazy:

Ms. Smith, who is now general counsel of Enstar Natural Gas, declined a request for an interview. But in a statement, she said that while she had felt powerless at the time of the groping, “17 years later, it is clear that sexual harassment, misconduct and assault continue to be pervasive, having an impact on all women.” She added, “I choose to speak out now in the hope that this will change.”

And now, an unknown lawyer gets her 15 minutes of fame by an accusation against a Supreme Court justice by enjoying a narrative of inductive victimhood that would have been laughable at any other time in humanity.

She said she might have been flattered by the attention of a Supreme Court justice had he not been so aggressive. “But it felt somewhat menacing, and I felt vulnerable,” she told Marcia Coyle, a reporter.

And next come the feelz, immune from challenge because regardless of anything remotely related to reality, one can never question her “lived experience” of feelings.

Three of Ms. Smith’s former housemates and her ex-husband said Ms. Smith had told them about the episode soon after it happened, according to The National Law Journal. But several guests at the dinner — held by the head of the Truman Foundation, which awards scholarships to young people who plan to pursue a career in public service — said they had no recollection of any inappropriate behavior.

A small dinner party, but public enough that if anything happened, there were eyeballs to see it. Yet no one did.

The new accusation is not plausible, said Carrie Severino, a former law clerk to Justice Thomas.

“A justice of the U.S. Supreme Court was the guest of honor at a tiny event, surely attracting the sort of swarm the justices tend to attract, yet not a single witness can corroborate Smith’s outlandish story,” Ms. Severino said.

So some inconsequential lawyer told a story that made her a special victim, and now gets overnight victimhood cred? Is it because black men can’t keep their disgusting black hands off white women’s butts? Or just because men are animals and rape culture? Or because we must believe “survivors,” and their feelings of vulnerability explain away every fact that would destroy the credibility of any other self-proclaimed victim?

Moira Smith writes, “enough is enough.” You bet it is. Enough with empty allegations by any woman of sexual impropriety that would fail any test of credibility by any other accuser for any other wrongdoing, but are magically transformed by feminist excuses into legitimacy. Enough reasonable men and women being cowed to parrot this nonsense, or standing silently on the sidelines for fear that they will be tarred with the fury of this mob of schemers.

Did Clarence Thomas do anything to Moira Smith? Highly doubtful, under the circumstances, not the least of which is that Thomas was painfully well aware of the fact that he had a huge target on his forehead, and if he groped a young woman, who wasn’t full of shit, it could have come out immediately and destroyed his career.  And then there is the total absence of anyone else present seeing anything remotely suggesting Smith’s allegations are true.

It would bring no tear to my eye for Justice Clarence Thomas to become embroiled in a scandal that would force him to flee the Supreme Court and hide in shame. But intellectual honesty precludes me from believing something because that’s what I want to believe. This is crap. It’s not that Marcia Coyle is to blame for reporting it, but the forces of sad victimhood for believing this crap.

Hate Justice Clarence Thomas all you want for his opinions and votes. I know I do. But have the decency to distinguish the fact that you may not care for his positions from believing any bullshit thrown at him because irrational feminist shrieking has become music to your ears.

*Mark Joseph Stern twitted at me:

He did not, and I stand corrected.

20 thoughts on “Clarence Thomas Suffers The Moira Smith Lesson

  1. Erik H.

    A small dinner party, but public enough that if anything happened, there were eyeballs to see it.

    I don’t think so. If you set your mind to it, I am positive you could surreptitiously grope Clarence Thomas’ ass at a busy dinner party, without anyone noticing. Absent a loud complaint you would never know.

    After all: As anyone who has eaten dinner while sitting next to siblings knows full well, there is a broad universe of things which you can do surreptitiously, even in a large group, when people are looking away–and that is true even when your parents are trying to keep you from stabbing each other with a spork.

    1. SHG Post author

      Sit down. I have something to tell you and it’s going to make you sad. Your parents knew. Even though they didn’t see it happen, they knew. They just hoped you would grow out of it eventually. They still do.

      1. Dragoness Eclectic

        And how do you know that the other people at the dinner party knew, but ignored it because “patting a woman on the butt is just a thing some guys do as a friendly greeting”? Really, how many people run around crying “assault” at a dinner party if someone (who comes from a culture where that is standard) greets their guests by hugging them impulsively?

        Could such a thing have happened? Yes. Did Clarence Thomas grow up in a time when the customs for interaction between men and women were not so fraught? Yes. Was 1999 such a time? Less so, but not nearly as fraught as today.

        Was the lady in question bitten by her socialization to temporize and make an excuse, instead of flat-out saying “No” with a glare? Probably. Some men aren’t all that perceptive and read nervous aversion as coyness. If the incident happened, flirtation still isn’t sexual assault, nor is a one-time incident harassment.

          1. Dragoness Eclectic

            Something went horribly wrong with that first sentence. There was supposed to be a ‘not’ in there someplace, but I cannot figure out where to put it to make it make sense. I give up on that post; it made sense to me at the time, but not now. (Mandatory compliance training all afternoon has melted my brain, sorry).

  2. Richard G. Kopf


    I have been the host of two relatively intimate dinners for Justice Thomas. One in 2000 when I was Chief Judge and he came to Omaha to help us dedicate the Roman L. Hruska Courthouse. The other, in 2011, when I served as the federal judicial representative for the Roman L. Hruska Institute of Justice, a part of the Nebraska Bar Foundation. On neither occasion did I observe anything untoward.

    I am no fan of Justice Thomas’ jurisprudence particularly as regards methods of interpretation. But I am a fan of the man.

    He is kind, humble, warm, and extremely funny. Nothing about this nasty accusation against Justice Thomas rings true to me. That is not only because of the large holes you poke in this woman’s account but also because it does not accord with my experience with the Justice.

    But I have a secret to tell you that I have been keeping for many years.* In 2006 when Justice Ruth Bader Ginsberg came to Lincoln to speak at the Hruska Institute I hosted an intimate meal for her with fine linen and the whole nine yards. I would guess there were eight or ten people there.

    The Justice is known for wearing gloves. On this occasion, they were white. I noticed as she removed her gloves, that one fell on the floor. I was seated next to her and at the head of the small rectangular table, and ever the perfect gentleman and host, I bent down from my chair and picked it up. I placed the one white glove back on the table where she had been placed the other. I didn’t think she even noticed. But that’s when it happened.

    Under the linen table cloth, I felt one of her tiny hands begin massaging my right inner thigh. I am much younger than Justice Ginsburg. I was flustered and simply didn’t know what to do.

    So I sat there and took her fondling of my thigh. No one else could see what she was doing. When the meal was over, I rushed back to my chambers in a state of panic and shock.

    All I could think of was Mrs. Robinson.


    *Ed. Note: Because there are people on the internet (and pathetically, some SJ readers) who are terminally intellectually challenged, this is offered to show the ridiculousness of old, un-disprovable allegations. It is a parody of the claim against Justice Thomas and not meant to suggest it actually happened. That I need to even say this is an unbearably sad commentary on the intelligence of some readers.

    1. SHG Post author

      And here are satanists eating babies in child care, and commies in the State Department too. A generation from now, they will make a movie about this absurd delusion that stole equality from feminism and people will discuss over tea how it was possible that sensible people allowed this insanity to happen.

      1. Dave

        So it sounds like if you want to have a really exciting time at a dinner party, go to a Supreme Court dinner party and sit between Justice Ginsberg and Justice Thomas.

        1. SHG Post author

          I love dinner parties. I really love dinner parties.

          (I have some great dinner party stories about some famous people, but I ain’t talking. What happens at my dinner parties stays at my dinner parties.)

            1. albeed


              Now I know the real reason that cameras aren’t allowed in the Chambers of the Supreme Court. Who would’ve thunk it?

            2. Jim Tyre

              You’ve used “literally” quite a bit lately. Might we expect you to be a textualist when you get your seat on SCOTUS?

  3. Billy Bob

    One man’s textualist is another man’s/woman’s sexualist. What we have here is the old Philosophy 101 condomdrum: If a tree falls in the forest, and no one sees it or hears it, did it “really fall”? Well, the answer is, dum-dum, according to one’s own interpretation, as no one can know the “ultimate reality” of anything, let alone the existence of God himself. Maybe it just grew that way, laying across the ground! Maybe some space aliens plopped it there in order to rankle the German empiricists.

    That projected outcomes based on data which may be faulty, biased or inaccurate in some inscrutable way should enter into court proceedings is an obvious outrage to us walking, talking, thinking citizens: Empiricists and rationalists alike.

    Getting back on topic, perhaps Clarence “My-Lips-Are-Sealed” Thomas did in fact grope the young lady’s behind when no one was looking or paying attention. The man does seem to have a history of poor conduct in the privacy of his own chambers. There was a famous judicial committee high-tech lynching, after all, which some of us are old enough to recall. The young lady above failed to respond/correspond or complain for years (except to confidants) for the same reason that the young Richard Kopf kept mum when RBG made an untoward, uninvited and unnoticed maneuver beneath the table cloth.

    If true, it only makes Ruth Baby more endearing, IOHO. Makes her “human”, shall we say? She saw something she liked, and the urge to merge overcame her. Be that as it may, we are left with nothing but trusting belief in this charming story by the charming (now) judge himself. Did this really happen? Did the tree really fall in the forest? Or is the judge’s mind playing tricks on him? Fantasizing about what might have happened, but did not!

    Just picture the white-gloved RBG doing a thing like that! Impossible,… she would never do anything untoward at a dinner party of celebrities and well-heeled juris-people. And neither would the Silent One.

    That Kopf went public on this very site is astonishing, but we do not criticize him, nor do we “judge” him for failing to object,… or call the police. Anyhow, a great story, judge, and thanx for your candor in sharing.

      1. Billy Bob

        The judicial branch is a mutual admiration society of the highest order, nothing more, nothing less.
        The less we see of them, the better off we peasants and mechanics are. And we don’t mean maybe! We appreciate the “satire” of one RGK, if that is what it truly was. Anyone who submits “satire” under the guise of ordinary prose should be taken to the SJ woodhouse and back. That is affirmative, even if he is a sitting judge somewhere in flyover countyr.
        Didn’t this come up on one of our recent comments here? Somebody said I (BillyBob) was writing *satire*, when that was the farthest thing from my mind, … what’s left of it! This is getting nuttier by the day.

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