Justice Thomas speaks as U.S. top court confronts racial bias in jury selection

U.S. Supreme Court justices appeared poised to side with a black Mississippi death row inmate put on trial six times for a 1996 quadruple murder who accused a prosecutor of repeatedly blocking black potential jurors, though the court's only black member sounded skeptical. Justice Clarence Thomas, who had not posed a question during an oral argument in three years, asked several in the case involving Curtis Flowers, 48, who has argued that his constitutional right to a fair trial was violated. Thomas, an idiosyncratic conservative and only the second African American ever appointed to the court, signaled through his questions he might vote against Flowers, who otherwise drew broad support among the other justices, both liberal and conservative.

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The Ugly History of Dual-Loyalty Charges

When Representative Ilhan Omar recently complained about “the political influence in this country that says it is okay to push for allegiance to a foreign country,” many noted accurately that she had deployed a trope—dual loyalty—that had been used against Jews for years. But this accusation has a broader history in the United States, having been used against several religious minorities—including Muslims like Omar. Indeed, many battles over religious freedom have revolved around dual-loyalty claims. [ Read: Ilhan Omar just made it harder to have a nuanced debate about Israel ] In the 19th century, many attacks on Catholics stressed that these immigrants were pawns of a foreign power. In the 1830s, Samuel Morse—then a prominent painter and later the inventor of the telegraph—urged Americans to build “walls” and “gates” to keep out Catholic immigrants, who would always be loyal to Rome. Because these Catholic immigrants were decrepit —“halt, and blind, and naked”—they were easy to co...

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