Monday, March 28, 2022

It Runs Deep


If you want to know how deep the rot in Washington goes, consider the case of Ginni Thomas. James Downie writes:

Since news broke that Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, sent dozens of text messages to then-White House Chief of Staff Mark Meadows promoting efforts to overturn the 2020 election, Republicans have pooh-poohed calls for Justice Thomas to recuse himself from cases related to the election and its aftermath.

Let’s be clear: Ginni Thomas’s texts themselves aren’t the issue. Yes, her argument that “Biden and the Left is attempting the greatest Heist of our History” is deluded. Biden won the 2020 election. But she has a right to her views, same as anyone else.

The problem lies in a late November message to Meadows in which Thomas refers to a reassuring conversation with her “best friend.” It’s hard not to read that as a reference to her husband — who once described their partnership as “equally yoked.”

Ginni is also "yoked" to cases that have appeared before her husband:

As the New Yorker’s Jane Mayer reported in January, Ginni Thomas received $200,000 in 2017 and 2018 from a group asking the high court to uphold Trump’s “Muslim travel ban,” which Justice Thomas voted to do in June 2018. In 2011, the justice amended his financial declarations after previously failing to disclose $680,000 his wife was paid by the Heritage Foundation several years before. And, Mayer writes, Ginni Thomas “has held leadership positions at conservative pressure groups that have either been involved in cases before the Court or have had members engaged in such cases.”

 The problem does not involve only Thomas:

Part of the problem is that the Supreme Court is composed of the only nine judges in the country who are not subject to a code of ethical conduct. The justices decide for themselves whether to recuse. Back in 2004, Justice Antonin Scalia defended his refusal to recuse himself from a case involving his friend Richard B. Cheney, then the vice president, by citing this unintentionally damning rationale: “A rule that required members of this court to remove themselves from cases in which the official actions of friends were at issue would be utterly disabling.” Some of the most successful Supreme Court litigants either worked for or socialize with the justices, Reuters reported in 2014. Three justices own individual stocks in 40 companies, National Law Journal reported last year, “many of which frequently appear before the court.” (The justices have usually, though not always, recused themselves from cases involving those companies.)

It's pretty clear what must happen:

Only a thorough investigation and complete overhaul of ethics rules for Supreme Court justices would reverse this dispiriting trend. But when waiting for reform at the nation’s highest court, don’t hold your breath.

Don't expect that to happen.

Image: NBC News

10 comments:

Anonymous said...

The law is not “a Game to be played with” for no amount of money” or any thing else except justice. We have a Judge in our family and as it has been mentioned on this blog recently, about an A-List quality, excellence in judgement is lacking in my experience right here in Canada. We need to be much more aware as to what happens here too. Anyong

Owen Gray said...

We have our own problems with public integrity, Anyong.

lungta said...

Treason should have a much lower bar
a much higher price to pay
(I lean toward confiscation of all property and the property of business associates and exile)
and its own express lane

Anonymous said...

The virtually non-existent ethics rules for SCOTUS judges are certainly part of the problem here. But, fundamentally, Thomas ought to be impeached because his private interests conflict with the oath he took as a judge.

Thomas not only failed to recuse himself from a case involving his wife, he was the only one of the nine justices who voted against releasing Jan 6 documents to Congress. He gave no reasons for his decision and the obvious conclusion is that he was protecting his wife.

The problem is convincing 18 Republican senators to impeach Thomas. The couple's political views are mainstream Republican. And while Thomas is in a clear conflict of interest, having vowed to uphold the Constitution while working to undermine it, so is every other GOP senator with the possible exception of Romney.

It's hard to see anything being done about the SCOTUS's legitimacy crisis. At best, the country will continue to limp along as an increasingly reactionary court guides it towards an intolerant Christianist future.

Cap

Owen Gray said...

This makes a mockery of Justice, lungta. But there rarely is a fast lane when it comes to Justice.

Owen Gray said...

And the guides are convinced, Cap, that God is on their side.

Anonymous said...

Of course, Owen. I believe it was "Gott mit Uns" in the original German.

Cap

Owen Gray said...

Having God's approval apparently makes anything acceptable, Cap.

Northern PoV said...

Alas that 'Designated Survivor' is not a documentary.

Owen Gray said...

Unfortunately, PoV, these two are doing everything they can to ensure Trump's survival.