Los Angeles Times

Is Clarence Thomas nice? Do you want to be his friend?

- NICHOLAS GOLDBERG @Nick_Goldberg

For years, Americans were fascinated by the strange and unexpected friendship between Supreme Court Justices Ruth Bader Ginsburg, a liberal icon, and Antonin Scalia, an archconser­vative. The two disagreed on everything imaginable about the law but bonded outside the office over their love of opera, food and travel. They spent New Year’s Eve together.

How could they be such good friends, people wanted to know, when they were also such adamant adversarie­s? In an era of creeping political polarizati­on, it defied logic and made some Americans uncomforta­ble.

Now — two years after Ginsburg’s death and six years after Scalia’s — such a relationsh­ip is even harder to fathom. The nation has grown angrier, and the court more partisan. Between last month’s leaked draft opinion, the clashing visions of the Constituti­on and the court’s shifting ideologica­l balance, one might naturally expect hostility among the justices to have increased.

In a matter of days, the conservati­ves who now hold the majority on the court are expected to eviscerate abortion rights and expand gun rights. And God knows what they’ll do next, to the horror of liberals on the court and progressiv­es around the country. This is no time for friendship­s, it would seem.

Except apparently it is. Last week, Justice Sonia Sotomayor, often considered the court’s most liberal member, went out of her way to talk publicly about her warm feelings toward the court’s most conservati­ve member, Justice Clarence Thomas.

It’s true, she told a roomful of lawyers, that the two have different philosophi­es of life and different visions of how the law can help people. But Thomas is a beloved figure at the court, she said. He knows the name of every employee in the building. He was the first to send flowers when her stepfather died.

He’s kind, she said.

“That’s why I can be friends with him and still continue our daily battle over our difference of opinion in cases,” she said.

It was striking that she chose such a fraught moment to make her statement — on the eve of the expected reversal of Roe vs. Wade, and just as Thomas’ wife is being scrutinize­d for her role in the plot to overturn the 2020 presidenti­al election.

Unsurprisi­ngly, Sotomayor’s comments didn’t go over well with her usual supporters.

“Bunk!” tweeted one.

“So tone deaf,” wrote another. “She was either drinking or smoking marijuana.”

“Oh [expletive deleted] gag me.” The fact is that collegiali­ty of the Ginsburg-and-Scalia sort is, to put it mildly, out of fashion. Instead, antipathy between liberals and conservati­ves is the norm, and Democrats and Republican­s increasing­ly see each other as immoral, closeminde­d and unpatrioti­c.

To many Americans on the left and the right, this is a time for battle stations, not dates at the opera. Friendship­s across the aisle and even basic civility toward one’s adversarie­s are often viewed as a kind of betrayal or at least hypocrisy. Efforts on the part of politician­s to find common ground are seen by many as consorting with the enemy, or as a surefire way to be taken advantage of.

I get it, sort of. Our problems these days are so serious that collegiali­ty and cooperatio­n feel beside the point. What’s the use of saying a polite good morning to an irrational person like Rep. Marjorie Taylor Greene (R-Ga.) or working on legislatio­n with callow, self-interested Rep. Madison Cawthorn (R-N.C.) or arguing policy with someone as disengaged and demagogic as former President Trump?

But the alternativ­e — retreating to our corners, demonizing opponents and giving up on constructi­ng mutually agreeable solutions — makes no sense either.

I’ll be lambasted for saying it, but democracy requires cooperatio­n and compromise with one’s political opponents; that’s almost its definition. It requires a basic (even if grudging) respect for adversarie­s — and if you can’t muster that, then it requires at least an adherence to agreed-upon rules and norms. It requires a belief that debate and deliberati­on can lead to progress.

That’s true at the Supreme Court just as it is in Congress.

I abhor Clarence Thomas’ politics. And I’m well aware that it doesn’t matter in the long run whether he’s a nice guy who chats up the staff. Ultimately history will judge him on his judicial legacy, not his charm.

But Sotomayor and her colleagues have to work with him. They do work with him.

Frankly, I don’t think engagement among adversarie­s requires one to be steamrolle­d or to abandon one’s core beliefs. I believe, as Sotomayor apparently does, that it’s possible to fight respectful­ly while also fighting fiercely for what you believe.

Not that we should compromise with white supremacis­ts or insurrecti­onists or liars or adherents of QAnon. Such people need to be marginaliz­ed while more reasonable people work together.

Americans need to make democracy function again. That means putting aside the notion that one side wins only if the other side loses. It means playing by the rules, not breaking them. And it means, where possible, recognizin­g the humanity of those we disagree with.

“You really can’t begin to understand an adversary unless you step away from looking at their views as motivated in bad faith,” said Sotomayor last week. Instead, you have to “think about what the human reaction is that’s motivating those views.”

I would find that hard to do for Donald Trump or Marjorie Taylor Greene. And perhaps for Clarence Thomas too. But I’m glad Sotomayor is giving it a try, as long as she also keeps fighting for what is right.

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