Fri, August 11, 2023
Photograph: J Scott Applewhite/AP
Conservative US supreme court justice Clarence Thomas has been condemned for maintaining “unprecedented” and “shameless” links to rightwing benefactors, after ProPublica published new details of his acceptance of undeclared gifts including 38 vacations and expensive sports tickets.
Related: Supreme court justice Thomas took 38 undisclosed vacations from rich friends – report
Pramila Jayapal, a Washington state Democrat and chair of the Congressional Progressive Caucus, rendered an especially damning verdict.
“Unprecedented. Stunning. Disgusting. The height of hypocrisy to wear the robes of a [supreme court justice] and take undisclosed gifts from billionaires who benefit from your decisions. 38 free vacations. Yachts. Luxury mansions. Skyboxes at events. Resign,” she posted.
From the Senate, Dick Durbin of Illinois, the Democratic judiciary committee chair, said: “The latest … revelation of unreported lavish gifts to Justice Clarence Thomas makes it clear: these are not merely ethical lapses. This is a shameless lifestyle underwritten for years by a gaggle of fawning billionaires.”
The ProPublica report followed extensive previous reporting, by the non-profit and competitors including the New York Times, of undisclosed gifts to Thomas from a series of mega-rich donors.
Supreme court justices are nominally subject to ethics rules for federal judges but in practice govern themselves.
Durbin said Thomas and Samuel Alito, another arch-conservative justice who did not declare gifts, had “made it clear they’re oblivious to the embarrassment they’ve visited on the highest court in the land.
“Now it’s up to Chief Justice [John] Roberts and the other justices to act on ethics reform to save their own reputations and the court’s integrity. If the court will not act, then Congress must continue to” do so.
Roberts has rejected calls to testify, saying Congress cannot regulate his court. Durbin has advanced ethics reform but its chances are virtually nil, with Republicans opposed in the Senate and in control of the House.
Thomas denies wrongdoing, claiming never to have discussed with his benefactors politics or business before the court and to have been wrongly advised about disclosure requirements. Nonetheless, condemnation was widespread.
Adam Schiff, a House Democrat running for Senate in California, said: “The scope of Justice Thomas’ undisclosed receipt of luxury vacations from billionaires takes your breath away. As does this court’s arrogant disregard of the public. Every other federal court has an enforceable code of ethics – the supreme court needs the same.”
Thomas joined the court in 1991, becoming the second Black justice in place of the first, Thurgood Marshall.
Sherrilyn Ifill, former director of the National Association for the Advancement of Colored People (NAACP) legal fund, said Thomas had created “a crisis and we need to start treating it as such. Our profession, the Senate judiciary committee, newspaper editorial boards, and the chief [justice] will need to summon the courage needed to call for what, by now, should be the obvious next step.”
Robert Reich, a former US labor secretary now a Berkeley professor and Guardian columnist, pointed to what that “next step” might be, saying Thomas “must resign or be impeached if [the supreme court] is going to retain any credibility”.
Only one justice, Samuel Chase, has ever been impeached – in 1804-05. He was acquitted in the Senate. In 1969, the justice Abe Fortas resigned under threat of impeachment, over his acceptance of outside fees.
Now, Republican control of the House renders impeachment vastly unlikely. Nor is Thomas likely to resign, particularly as Democrats hold the Senate, able to reduce conservative dominance of the court should a rightwinger vacate the bench.
Nonetheless, calls for Thomas to go continued.
Ted Lieu, a California congressman, said Thomas “has brought shame upon himself and the United States supreme court … no government official, elected or unelected, could ethically or legally accept gifts of that scale. He should resign immediately”.
Citizens for Responsibility and Ethics in Washington, a campaign group, said: “If three times makes a pattern, what does 38 times make? We’ll tell you: the fact that Clarence Thomas has taken 38 luxury trips with billionaires without disclosing them means this kind of ethical lapse is part of his lifestyle. He needs to resign.”
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