Why some want Justice Clarence Thomas to withdraw from President Trump’s voting case

Democratic lawmakers say Mr. Thomas has been accused of this incident and several others related to Jan. 6, given his wife, Virginia “Ginni” Thomas,’s involvement in efforts to overturn the 2020 election results. have expressed concerns about whether fairness can be maintained in these cases. The voting disqualification case is likely to be decided soon and will test the court’s recently announced code of conduct and recusal guidelines.

Here’s what you need to know:

Why might a judge withdraw from a case?

The Supreme Court’s newly adopted Code of Ethics requires judges to “in cases where there is a reasonable possibility that a question of impartiality may arise, that is, an unbiased and reasonable person aware of all the relevant circumstances.” It calls for a judge to be disqualified “if a person doubts whether the judge is able to carry out his or her duties fairly.” ”

The code provides that if a judge or his or her spouse has an “interest that could be materially affected by the outcome of the proceeding” or “could be a material witness in the proceeding,” suggests that it be rejected. Notably, Judge Ketanji Brown Jackson, who previously served on Harvard’s Board of Oversight, will investigate the constitutionality of race-conscious admissions practices in 2022 because Harvard was the defendant. He recused himself from one of the two lawsuits.

But the decision to resign is left up to individual judges, and among critics, including Sen. Sheldon Whitehouse (D.R.I.), who supports legislation that would impose enforceable ethics rules on judges. This point is a point of contention.

Judges do not have to give their reasons when hearing a case. When Justice Neil M. Gorsuch recused himself from Oklahoma’s death penalty case earlier this year, he did not give his reasons, likely related to his service as a judge on the Court of Appeals that covers Oklahoma. It will be done.

It is rare for a case to be rejected by a high court. One reason for this is that, unlike lower courts, absent judges are not replaced by other judges. If the Supreme Court’s decision falls short, there could be a 4-4 tie. A 2023 Bloomberg Law analysis found that justices dismissed appeals about 3% of the time from 2018 to 2022, with Justices Samuel A. Alito and Elena Kagan most frequently dismissing them.

According to the analysis, Thomas took no cases from 2018 to 2021, but recused himself from 3 percent of cases in 2022. When the high court accepted the Colorado case, there was no sign that Thomas was backing away from the case.

How was Ginny Thomas involved on January 6th?

Ginny Thomas exchanged more than 20 text messages with White House Chief of Staff Mark Meadows in the weeks after the vote, pressuring President Trump and members of Congress to overturn Joe Biden’s 2020 victory. I put it on.

She corresponded with attorney John Eastman, a former Thomas clerk. He had advocated an illegal theory that Vice President Mike Pence could block the certification of Biden’s electoral victory.

Thomas also attended the Jan. 6 “Stop the Steal” rally before the Capitol attack and told the House committee investigating the 2022 attack that the 2020 election was stolen. But he said he believed it.

Arguments for Judge Thomas to hear the case

said Mark Paoletta, a Washington, D.C., lawyer and former White House aide who helped confirm Mr. Thomas. Ginny Thomas is permitted to express opinions on issues brought before the court; “Those opinions do not constitute ‘interests’ that require rejection.”

“There is absolutely no basis for Judge Thomas to refuse the trial. Trump vs. AndersonJudge Thomas is obligated to hear this case,” Paoletta said in an email.

Former federal judge Jeremy Fogel argued Thursday’s case that the Supreme Court will not discuss whether the Jan. 6 attack was an insurrection, but rather cast the case through the lens of whether Trump’s voting status should be left to Congress. Thomas said he doesn’t necessarily have to decline if he intends to work on it.

The first court hearing on the issue will be held in Denver, where judges will ask technical and procedural questions. Vogel said the judge could ask questions such as: [with] respect [to] What about this particular constitutional amendment? ” You can also ask, “Was the hearing conducted fairly?” “Was the fact-finding process appropriate?”

Therefore, “the specific problem is [they’d be] Judgment in rebellion case [would] not get involved in the interests of [Thomas] Or anyone who was close to him.” Mr. Vogel currently serves as executive director of the Berkeley Institute of Justice.

Thomas also warned that the outcome of the voting disqualification lawsuit could change the landscape of the 2024 presidential election, and that nine people He said there is a possibility that he will insist that the opinions of all the justices are needed.

Arguments Thomas Should Reject

Last month, seven Democrats, led by Rep. Hank Johnson of Georgia, the top Democrat on the House Judiciary Committee’s Courts Subcommittee, urged Thomas to recuse himself from the voting disqualification case, citing declining approval ratings. I sent a letter asking for it. Confidence in the Supreme Court.

“Less than half of Americans trust the Supreme Court, and a decision in this case will make that number even lower,” the eight Democrats warned. “To protect the integrity of the court and the legitimacy of its decision in this monumental case, please stand back.”

Vogel said Mr. Thomas will also need to consider how his decision to hear the case will affect the public’s perception of the court and its final decision.

Ginny Thomas’ involvement “raises questions about whether President Trump can fairly assess the seriousness of the conduct he is accused of,” Fogel said. “Even if that’s not the exact issue the court is deciding. [may create] It appears that he is trying to find a way to govern in favor of President Trump, citing his wife’s support and defense. ”

When did Thomas ever withdraw from a lawsuit?

Thomas has so far ignored one lawsuit related to Jan. 6. It’s Eastman’s appeal related to his efforts to help Trump block the certification of the 2020 election. Mr. Thomas did not give a reason for his resignation, but it may be because Mr. Eastman is a former law clerk and friend of the judge.

Vogel said Thomas’ decision to recuse himself from the Eastman case was “not surprising.”

But the court did not indicate when the Colorado voting case was heard or whether Thomas or the justices would be absent. That means it’s almost certain that everyone will participate.

As a result, Vogel said, “People who were already cautious or critical will become even more cautious and more critical,” he said.

Ross said: I hope Thomas will explain his reasons for trying this case.

“I think he has a responsibility to say, ‘I’m going to participate in all these lawsuits.’ There are all these questions going on. That’s why I think it’s OK to do that,” Ross said. Told.

“Anything that increases the level of transparency in the courtroom is going to be a positive, based on how you perceive litigation, how you approach litigation, or how you approach your own ethical responsibilities.”