Disclosures about Justice Clarence Thomas’ wife advising Trump’s White House to keep up its fight to overturn the election results spurred a public outcry, but that outrage won’t easily translate to changes in lax ethics policies at the Supreme Court
From the fall of 2020 through as recently as last month, Associate Supreme Court Justice Clarence voted on a series of presidential election-related disputes. | Drew Angerer/Getty ImagesStartling disclosures about Justice Clarence Thomas’ wife advising President Donald Trump’s White House to keep up its fight to overturn the election results spurred a public outcry, but that outrage won’t easily translate to changes in lax ethics policies at the Supreme Court.
Here’s a look at why people are calling for the conservative justice’s recusal in future Jan. 6 cases and why efforts to force that face an uphill battle:From the fall of 2020 through as recently as last month, Thomas voted on a series of presidential election-related disputes.
“What we have here is engaging or attempting to engage with the litigation strategy of the then-president,” said Kathleen Clark, a law professor at Washington University in St. Louis. “It’s as though she were a lawyer in the proceeding. ... I think it’s clear under this statute that he should have disqualified himself and would have to disqualify himself under future cases related to Jan. 6.”
Although Sen. Sheldon Whitehouse is a cosponsor of legislation to impose more ethics requirements on the Supreme Court, he said Monday that he’d prefer to see the justices act on their own.
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