From the Editorial Board: Which is worse? A Supreme Court justice’s wife working actively to overturn the results of the 2020 presidential election or her husband’s refusal to recuse himself from cases related to her cause?
Supreme Court Justice Clarence Thomas with his wife, Virginia"Ginni" Thomas, at the Heritage Foundation on Oct. 21, 2021, in Washington.
Reports by CBS and The Washington Post in recent days revealed the existence of almost 30 text messages exchanged between Virginia Thomas, a conservative lawyer and activist, and Mark Meadows, then-President Donald Trump’s final chief of staff, in late 2020 and early 2021. The reason becomes more painfully obvious in light of two cases in which Justice Thomas already has participated and a third that may soon reach the high court.
Both Thomases have repeatedly denied any conflict of interest between her activism and his work on the high court. But her deep involvement in Stop the Steal efforts, not to mention her baseless QAnon-like conspiracy theories, sounds like a textbook example of an “interest” in which her husband’s “impartiality might reasonably be questioned” in judging any disputes involving the 2020 presidential election and the Jan. 6 riot investigations.
Justice Elena Kagan testified during a congressional budget hearing in 2019 that Chief Justice John Roberts was exploring whether to develop an ethical code for the court, which would be a turnaround from his earlier rejections of the need for such a code. And a healthy one.
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