Supreme Court Justice Clarence Thomas continues to fight back against persistent attacks from left-leaning media, activists and politicians calling for his recusal in upcoming cases related to the Jan. 6, 2021 events and President Donald Trump’s claims of executive immunity.
The demands stem from the political activities of Justice Thomas’s wife Virginia “Ginni” Thomas. However Mark Paoletta co-author of the book “Created Equal: Clarence Thomas in His Own Words” argues in The Federalist that “Mrs. Thomas played no role in any events following the 2020 election.”
Historically justices have only stepped aside when there was a direct financial benefit or a substantial question about their impartiality. For example Justice Ruth Bader Ginsburg never recused herself from cases involving her husband’s law firm or decisions citing her daughter’s scholarly work.
Paoletta explains the hypocrisy in the current demands comparing them to instances where liberal judges like the Ninth Circuit’s Stephen Reinhardt refused recusal despite clear conflicts involving their spouses’ active roles in related legal matters. Reinhardt’s decision was defended on the grounds that a judge’s spouse can hold advocacy positions without affecting the judge’s responsibilities.
The calls for Thomas to recuse himself disregard the clear rules governing the issue in the Supreme Court. The recently adopted ethics code states that a justice should only recuse “where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.”
Paoletta is absolutely correct that Justice Thomas is not obligated to recuse in Trump immunity case under well-established standards for recusal for lower courts, let alone for SCOTUS. https://t.co/SjSBVn4QGs
— Jonathan H. Adler (@jadler1969) April 18, 2024
Critics argue that Justice Thomas’s impartiality might be compromised but they ignore the fact that the demands for his recusal seem like a transparent political tactic by the left to manipulate the court’s composition.
As the Supreme Court prepares to hear cases related to the 2020 election and its aftermath Justice Thomas remains committed to his duties as he has been long before Democrats first unfairly attacked him in the Senate when he was first taking his seat on the Supreme Court.
