The members, led by Rep. Anthony Weiner (D-N.Y.), ask that he “maintain the integrity of this court.”
There are several lawsuits challenging the health care reform law’s so-called individual mandate. Three cases are already docketed for oral arguments at the appellate court level. The Supreme Court is widely expected to take up the issue.
The signers of the letter include: Reps. Al Green, EB Johnson, Wm. Lacy Clay, Carnahan, Sheila Jackson-Lee, Karen Bass, Neal, Welch, Chu, Yarmuth, Sutton, Perlmutter, Connolly, Kucinich, Meeks, Schwartz, Doggett, Moore, Polis, Waters, Payne, Rush, Cohen, Crowley, Engel, Cicilline, Susan Davis, Sires, Doyle, Slaughter, McDermott, Velazquez, Garamendi, Carson, Capuano, Berkley, Wasserman Schultz, Tim Bishop, Barbara Lee, Courtney, DeLauro, Conyers, John Larson, George Miller, Boswell, Edwards, Capps, Becerra, Deutch, Israel, Owens, Richardson, Clarke, Hirono, Ackerman, Ellison, Grijalva, Chris Murphy, Woolsey, DeFazio, Jesse Jackson Jr, Reyes, Maloney, Andrews, Pascrell, Filner, Tonko, Fudge, Hinchey, Honda, Eshoo, Pallone, Stark
The move comes after Republicans have floated similar concerns about the impartiality of Justice Elena Kagan, who was solicitor general during the health debate.
Supreme Court spouse Ginni Thomas recently opened a lobbying firm which promises to give “voice to…the tea party movement in the halls of Congress.” The job will likely lead her to lobby in favor of repealing the Affordable Care Act. Meanwhile, conservatives are mounting a nationwide litigation strategy to convince Ginni’s husband to give voice to the tea party movement in the halls of the Supreme Court.
Democrats cite that Thomas did not disclose his wife’s receipt of $686,589 from the Heritage Foundation between 2003 and 2006.
In response to Ginni Thomas’ involvement with groups trying to repeal the Affordable Care Act, 74 Members of Congress signed a letter to Ginni’s husband — Justice Clarence Thomas — pointing out that his wife’s new job could have ethical consequences for him:
As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act.
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.It’s worth noting that conservatives have already interpreted this ethics law in a way that requires Justice Thomas to recuse himself from the health care litigation. After progressive Judge Stephen Reinhardt was assigned to the appellate panel that was to hear a challenge to anti-gay Proposition 8, supporters of the anti-gay law called for Reinhardt to recuse because his wife’s organization advocates against Prop 8.
(b) He shall also disqualify himself in the following circumstances: …
(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: . . .
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
But, of course, Ginni Thomas used to lead a Tea Party group called Liberty Central which vigorously opposes the Affordable Care Act. Liberty Central even briefly signed Ginni’s name to a memo claiming that the Affordable Care Act is unconstitutional — at least until news reports pointed out the ethical issues her signature raised for her husband. So, by the right’s very same arguments, Justice Thomas must drop out of the health care litigation.
Full text of the letter below:
The Honorable Justice Clarence Thomas
United States Supreme Court Building
1 First Street Northeast
Washington D.C., DC 20543
Dear Justice Thomas:
As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act.
The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife's financial stake in the overturn of healthcare reform is blurred. Your spouse is advertising herself as a lobbyist who has “experience and connections” and appeals to clients who want a particular decision - they want to overturn health care reform. Moreover, your failure to disclose Ginny Thomas’s receipt of $686,589 from the Heritage Foundation, a prominent opponent of healthcare reform, between 2003 and 2007 has raised great concern.
This is not the first case where your impartiality was in question. As Common Cause points out, you “participated in secretive political strategy sessions, perhaps while the case was pending, with corporate leaders whose political aims were advanced by the [5-4] decision” on the Citizens United case. Your spouse also received an undisclosed salary paid for by undisclosed donors as CEO of Liberty Central, a 501(c)(4) organization that stood to benefit from the decision and played an active role in the 2010 elections.
Given these facts, there is a strong conflict between the Thomas household’s financial gain through your spouse’s activities and your role as an Associate Justice of the United States Supreme Court. We urge you to recuse yourself from this case. If the US Supreme Court's decision is to be viewed as legitimate by the American people, this is the only correct path.
We appreciate your thoughtful consideration of this request.
Sincerely,
ANTHONY D. WEINER
Member of Congress
We bid you a fine adieu Clarence on your opportunity to make your voice heard from your seat as a Associate Supreme Court Justice on this issue, and please feel free to take the radical tea bag wife with you, and always remember, "don't let the door hit you where the good Lord split you"!
Recuse yourself now sir!
NFTOS
