Intelligencer.
There are many reasons why the Supreme Court has fallen into unprecedented disrepute, but chief among them is the conservative justices themselves — whether it’s their rulings in particular cases or their dubious non-jurisprudential conduct, like screaming at senators. This week brought another credibility-damaging revelation in the form of deranged text messages between Ginni Thomas, the wife of Supreme Court justice Clarence Thomas, and Mark Meadows, Donald Trump’s chief of staff, in which she lobbied and advised Meadows on trying to keep Trump in power after he lost the 2020 election — referring to the “Biden crime family & ballot fraud co-conspirators,” claiming the “Left” was “attempting the greatest Heist of our History,” and arguing that Biden’s victory would be “the end of Liberty.”
The revelations follow two major journalistic accounts in recent months — one from the New Yorker and the other from the New York Times Magazine — about the ways in which Ginni Thomas’s work as an ultra-right-wing activist has repeatedly intersected with her husband’s work on the Court, where he rules on the very issues that she advocates on in the political realm. As the Times put it, “Since the founding of the nation, no spouse of a sitting Supreme Court justice has been as overt a political activist as Ginni Thomas.” According to that story, she once attended a meeting in the Trump White House that an aide described as “the craziest meeting I’ve ever been to,” with talk of “the transsexual agenda” and parents “chopping off their children’s breasts.”
The text messages with Meadows, however, have broken through in a way that none of this other material has, spurring a variety of ethical and legal questions about the Thomases.
The most proximate of these is whether Clarence Thomas should have recused himself when the Court resolved an effort in January by Trump to block the release of records from the National Archives to the House select committee investigating the siege of the U.S. Capitol. The Court ruled against Trump 8-1, with Thomas as the lone dissenter, so as a practical matter at least, any conflict would not have affected the outcome, but the question exposes the broader absurdity and tenuousness of the Court’s conflicts and recusal regime. The justices are not bound by a judicial code of conduct, and they make their own decisions to recuse from cases — or not — with no obligation to explain their reasoning. A federal law ostensibly requires the justices to recuse themselves in any case “in which [their] impartiality might reasonably be questioned” and in a variety of specific situations — including, among others, when they know that their spouse has “an interest that could be substantially affected by the outcome of the proceeding.”