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What we are against:
Radical Right Wing Agendas
Incompetent Establishment
Donald J. Trump
Corporate Malfeasence
We are for:
Global and Econmoic Security
Social and Economic Justice
Media Accountability
THE RESISTANCE
Leading conservative donor Harlan Crow, whose company often litigates in federal court, donated $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.
If this sounds familiar, it’s because America has seen this movie before. Indeed, the Thomas scandal is little more than a remake of the forty year-old gifting scandal that brought down Justice Abe Fortas. Like Thomas, Fortas liked to associate with wealthy individuals with potential business before his Court. And like Thomas, Fortas took inappropriate gifts from his wealthy benefactors.
Disgraced Former Justice Abe Fortas
Fortas’ questionable gifts first came out when President Johnson nominated him for a promotion to Chief Justice of the United States in 1968. Fortas had accepted $15,000 to lead seminars at American University — far more than the university normally paid for such services — and the payments were bankrolled by the leaders of frequent corporate litigants including the vice president of Phillip Morris. Fortas survived this revelation, although his nomination for the Chief Justiceship was filibustered into oblivion.
Just a year later, the country learned that Fortas took another highly questionable gift. In 1966, one year after Fortas joined the Court, stock speculator Louis E. Wolfson’s foundation began paying Fortas an annual retainer of $20,000 per year for consulting services. Fortas’ actions were legal, and he eventually returned the money after Wolfson was convicted of securities violations and recused himself from Wolfson’s case, but the damage to Fortas — and the potential harm to the Supreme Court’s reputation — were too great. Fortas resigned in disgrace.
It is difficult to distinguish Fortas’ scandal from Thomas’. Like Fortas, Thomas accepted several very valuable gifts from parties who are frequently interested in the outcome of federal court cases. One of Thomas’ benefactors has even filed briefs in his Court since giving Thomas a $15,000 gift, and Thomas has not recused himself from each of these cases.
But Thomas’ disregard for what has come before him changes nothing about the precedent he faces. If Abe Fortas had to resign his seat, so too should Clarence Thomas.
Yesterday Seventy-four House Democrats asked Supreme Court Justice Clarence Thomas to recuse himself from any health care reform cases, citing reports that his wife financially benefited from efforts to repeal the legislation.
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.
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 haveethical 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.
(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;
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 organizationadvocates against Prop 8.
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"!
