At the Supreme Court, Common Cause early this year exposed Justice Clarence Thomas, above, left, for repeated false statements in denying his family was earning extra income. The Los Angeles Times broke the story of how the justice's wife, Virginia Thomas, was actually making hundreds of thousands of dollars in income the justice failed to disclose. Beyond that, the money was for high-level public policy advocacy, including on issues that sometimes come before the court, at least in broad outline.
By his false statements, Thomas thus hindered litigants from understanding his potential conflicts. Moreover, he failed to take the initiative himself in recusing himself from apparent conflicts. One huge such vote was with the 5-4 majority in 2000 to halt that year's presidential vote recount in Florida. This awarded the election, in effect, to George W. Bush over Al Gore. The justice thus helped Bush prevail at a time when Virginia Thomas was leading transition planning at the Heritage Foundation in a job that would be pointless if there were no transition.
Clearly, Supreme Court justices, even more than those in lower courts, are virtually immune from sanction.
What to do?
"Learn. Act. Connect." That's the apt reform mantra of the American Association of University Women, whose chapter in McLean, Virginia invited me to speak May 10 about civil rights issues. Their gathering provided an opportunity for me to reflect on their association's time-tested reform methods and their applicability to such issues as recusal.
True, recusal carries special difficulties. But I see hope based on my observations of the court system beginning in the 1970s. Most judges are civic-minded and trying to sustain their profession as an honorable calling.
Thus, judicial leaders can be important allies for reformers. That's especially so if we remind them from time to time, as here, to apply the rule of law -- to themselves.
This column is cross-posted at the Justice Integrity Project site in a longer version with more background sources.
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