<P> Thomas biographer Scott Douglas Gerber has opined that attacks against Thomas from critics such as Jeffrey Toobin have been unusually vitriolic . Gerber provides many reasons but the first and foremost was his skin color . </P> <P> There are a number of explanations for this phenomenon . The first is grounded in race and ethnicity . We should not forget that Thurgood Marshall, Justice Thomas's predecessor on the Supreme Court, and the first African - American appointed, was also sharply criticized during his appointment process and in his early days on the Court . The fact that Justice Thomas is black has undoubtedly played a similar role in how he has been assessed, no matter how much we may hate to admit it . </P> <P> Gerber has outlined other reasons . The second reason Gerber attributes in part to liberals' disappointment that Thomas has departed so much from the jurisprudence of the African American whom he succeeded, Thurgood Marshall . Additional possible causes for the harsh criticism of Thomas may be the inherently explosive nature of sexual misconduct accusations, the suspicion among some people that Thomas was less than forthcoming during his confirmation hearings, and the belief in some circles that Thomas has benefited from affirmative action programs like ones he has criticized as a judge . </P> <P> Thomas has said he has a preference for non-Ivy League clerks, although he has hired them . He is the only one among his colleagues who sometimes chooses clerks from law schools that are not top - rated--schools like Creighton, Rutgers, George Mason, and the University of Utah . </P>

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